HomeMy WebLinkAboutPB packet - Subdivision Regs referral to TB-7-7-26 PB mtg
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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 cjrandall@townithacany.gov if you have
any questions.
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Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
Chapter 234. Subdivision of Land 1
2
Article I: Policy and Applicability 3
§ 234-1. Policy. 4
5 A. This Chapter is intended to implement the use of sound planning principles, as set forth in 6
the Town of Ithaca’s Comprehensive Plan and Park, Recreation, and Open Space Plan, for 7
the orderly, efficient, coordinated, and economical development of the Town of Ithaca. 8
Preservation of the natural beauty and topography of lands within the Town of Ithaca is a 9
priority that can be achieved by fostering appropriate development that protects agricultural 10
land/practices and environmentally sensitive areas (e.g., wetlands, floodplains, woodlands, 11
steep slopes, watercourses or bodies, viewsheds, areas of historic or archaeological 12
significance, unique natural areas and habitats, and other open space areas of importance 13
to the neighborhood or community). 14
15
B. This Chapter guides and promotes the community's physical, social, and aesthetic 16
development to preserve the character of the Town as a desirable place in which to live. 17
Proper provision is also made for stormwater management, water supply, sewerage, 18
transportation, and other associated improvements, and to otherwise promote the health, 19
safety, and welfare of the Town's inhabitants. 20
§ 234-2. Relationship to other regulations and actions. 21
22
A. Other local regulations. Where any provision of this Chapter imposes restrictions that are 23
different from those imposed by any other local law or ordinance, regulation, or law, the 24
provision that is more restrictive or imposes the higher standard shall control. Unless 25
specified herein or in other Town Code chapters, procedural and other requirements 26
described in New York State (NYS) Town Law §§ 265-a, 276, 277, 278, 279, and 27
elsewhere in NYS laws shall apply to all proposed subdivisions. 28
29 B. Design and construction of site improvements shall be in accordance with the relevant 30
standards and specifications described in the Town of Ithaca Site Design and Development 31
Criteria Manual, which is on file in the Town Engineering Department. 32
33 C. Nothing in this Chapter shall prohibit the subdivider from placing additional restrictions, not 34
in violation of this Chapter, on lots within the development. 35
36 D. A subdivider shall apply for subdivision approval in accordance with this Chapter before any 37
contract for the sale of any proposed lot is made in such subdivision. 38
§ 234-3. Applicability. 39
40
A. The provisions contained herein apply to all land within the Town of Ithaca, outside the 41
Village of Cayuga Heights. 42
43
B. This Chapter does not apply to property owned by the Town of Ithaca, or to the Town’s 44
acquisition of property. 45
46 C. This Chapter does not apply to a subdivision or re-subdivision that creates no more than 47
two lots where one lot is donated to, or acquired by, the City of Ithaca, Tompkins County, 48
New York State or the Federal government, or a qualified not-for-profit conservation 49
organization, for open space purposes (as defined in NYS General Municipal Law § 247) or 50
other parkland. Notwithstanding the foregoing, the following two sentences shall apply to 51
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Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
such subdivisions and re-subdivisions: Said lots must conform to zoning requirements or 52
have received the requisite variances. The resultant map shall be signed by the Director of 53
Planning and duly recorded with the Tompkins County Clerk’s office. 54
55
§ 234-4. (Reserved) 56
57
Article II: Terminology 58
59
§ 234-5. Internal references. 60
References herein to articles, sections, subsections, and paragraphs are to those parts of this 61
Chapter, unless context indicates otherwise. 62
63
§ 234-6. Word usage. 64
For the purposes of this Chapter, certain terms and words shall be interpreted as follows: 65
66
A. Unless otherwise specifically defined herein or otherwise indicated, all words used in this 67
Chapter shall carry their customary meanings. 68
69
B. Words in the present tense include the future. 70
71
C. The singular includes the plural; and the plural includes the singular. 72
73 D. The word "shall" is mandatory. 74
75
E. The words "may" and "should" are permissive. 76
77 F. The word “lot” includes the word “parcel.” 78
79
§ 234-7. Definitions. 80
As used in this Chapter, the following terms shall have the meanings indicated: 81
82
BLOCK - A parcel of land partially or entirely surrounded by streets, streams, railroad rights-of-way, 83
parks or a combination thereof, which has been subdivided into lots. 84
85 COMPREHENSIVE PLAN - A plan prepared by the Town Board, pursuant to NYS Town Law § 86
272-a, which indicates the general locations recommended for various land uses and for the 87
general physical development of the Town. 88
89 CONSERVATION EASEMENT – A restriction on the use of land, created in accordance with the 90
provisions of Article 49, Title 3 of the Environmental Conservation Law, for the purposes stated in 91
that Article, including conservation of open space, agricultural land, and sensitive environmental 92
resources, and conservation of natural, cultural, historic, or scenic resources. 93
94
DWELLING – A building designed or used primarily as the living quarters for one or more families. 95
96 DWELLING UNIT – A Dwelling, or portion of a Dwelling, providing complete living facilities for one 97
family. 98
99
EASEMENT – A grant by the property owner to the public, a corporation, an individual, or other 100
entity for the use or limitation of use of a strip or area of land for a specific purpose. 101
102
ENFORCEMENT OFFICIAL – The Director of Code Enforcement, Director of Planning, and/or 103
Town Engineer. 104
105
FLAG LOT – A type of lot that is shaped like a flag on a pole, with a narrow “pole” connected to a 106
street extending into the larger “flag” part of the lot. 107
108
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GROSS AREA - The amount of land in a subdivision before rights-of-way, parks, and permanent 109
open space are deducted. 110
111
IMPROVEMENTS - Physical changes that may include, but are not limited to, all utilities, streets, 112
sidewalks, landscaping and buffering, lighting, parkland and recreation equipment, and 113
monuments. 114
115 LOT – Any area of land bounded by property lines which is not divided into parts by a street or 116
railroad. Each part of any area so divided by a street or railroad is considered an individual lot for 117
zoning and subdivision purposes. 118
119 LOT AREA – The area of a lot, excluding any portion of a public street right-of-way that may be 120
included within the deed description of the lot. 121
122
LOT LINE – A property boundary of a lot, except where the property boundary is the center line or 123
other portion of a public street, in which event the lot line is the street right-of-way line. 124
125
LOT LINE ADJUSTMENT – Alteration of existing parcel boundaries between two or more existing and 126
adjoining lots where no additional parcels are created and the other requirements of § 234-13.B are 127
met. This includes annexation of property to existing parcels. Lot Line Adjustments are not subdivisions. 128
129
OFFICIAL MAP - The map established by the Town Board pursuant to § 270 of the NYS Town 130
Law, showing streets, highways, and parks laid out, adopted, and established by law as well as 131
any amendments adopted by the Town Board or additions thereto resulting from approval of 132
subdivision plats by the Planning Board and the subsequent filing of these approved plats. 133
134
OPEN SPACE INDEX – An objective detailed list and description of the environmentally important 135
features found in all open areas in the Town based on their ecological, cultural, and historical 136
significance. The Open Space Inventory and Index are the official Town of Ithaca Open Space 137
Index pursuant to § 239-y of the General Municipal Law. 138
139 PLANNING BOARD - The Planning Board of the Town of Ithaca. 140
141
PHASED DEVELOPMENT – A Land Development Activity (as defined in Town Code Chapter 228) 142
involving more than 29 lots, in which construction of public or private improvements proceeds in 143
stages on a schedule over a period of years, as established in the subdivision approval by the 144
Planning Board. Phased development proposals shall include the submission of phased 145
development plans that clearly show proposed timing and phasing of buildings, parking, driveways, 146
streets, pedestrian ways, utilities, generalized landscaped areas, limits of disturbance, grading, 147
drainage, erosion, and sedimentation controls and other measures. 148
149 PLAT - The map, plan, or drawing on which a subdivider's plan of subdivision is presented to the 150
Planning Board for approval; the final plat, if approved and all conditions are met, will be submitted 151
to the County Clerk for recording. 152
153 RESOURCE ANALYSIS - The inventory and evaluation to identify resources to be protected from 154
development of a property, consisting of inventory maps, a written description of the land to be 155
subdivided, and an analysis of the conservation value of various site features (delineated by Class 156
1, Class 2, and Class 3, as described in § 234-24.D). A Resource Analysis determines the number 157
of acres permitted for development and locations for structures. 158
159 SEQR - New York State Environmental Quality Review Act (Article 8 of the NY Environmental 160
Conservation Law and its implementing regulations at 6 NYCRR Part 617). 161
162
SITE CAPACITY CALCULATION - A method of determining the maximum number of allowable 163
dwelling units the Planning Board may approve on any given site based on zoning requirements. 164
165
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SITE CAPACITY CALCULATION WORKSHEET - A form approved by the Town Board for use in 166
calculating the development capacity of a site, completed and submitted by a subdivider in 167
connection with an application for a cluster subdivision. 168
169 SITE DESIGN AND DEVELOPMENT CRITERIA MANUAL - A manual of requirements and 170
minimum standards that shall be applied to proposed construction and/or areas that will involve 171
connections to existing municipal systems over which the Town has jurisdiction. Said manual, as 172
adopted by the Town Board, and as may be amended from time to time, may be obtained from the 173
Town Engineer. 174
175 SKETCH PLAN - A conceptual drawing that outlines general, rather than detailed, subdivision 176
intentions. A sketch plan depicts the basic parameters of a subdivision proposal, which serves as 177
the basis for informal discussion and review of the general intentions of the subdivider with the 178
Planning Board. 179
180
STREET- A New York State, Tompkins County or Town road or highway, a road or highway shown 181
on the Town’s Official Map, a street shown on a final plat approved by the Planning Board and 182
recorded in the Tompkins County Clerk’s Office, or a street shown on a plat duly filed and recorded 183
in the Tompkins County Clerk’s Office prior to the authority granted to the Planning Board to 184
approve such plats. A street that meets the definition in the preceding sentence but is designated 185
as a highway, thruway, road, avenue, boulevard, lane, drive, place, circle or otherwise is 186
nonetheless a “street” under this Chapter. 187
188 SUBDIVIDER - Any person, developer, firm, partnership, association, corporation, estate, trust, or 189
another entity or combination acting as a unit, undertaking the dividing of land so as to constitute a 190
subdivision as defined herein. This definition includes any applicant or agent of the subdivider. 191
192 SUBDIVISION - The division of any parcel of land into two or more lots, blocks, or sites, with or 193
without streets. Subdivision includes re-subdivision and, when appropriate to the context, shall 194
relate either to the process of subdividing or to the land subdivided. Subdivisions are classified as: 195
A. CLUSTER - A subdivision in which the otherwise applicable dimensional requirements in 196
the Zoning Chapter of Town Code are modified to encourage flexibility of design and 197
development of land in such a manner that the layout, configuration, and design of lots, 198
structures, driveways, streets, parks, trails and landscaping are designed to preserve 199
important natural resources and scenic qualities of the site. A cluster subdivision is 200
authorized by NYS Town Law § 278 and this Chapter. 201
B. CONVENTIONAL - A subdivision that creates lots that meet all minimum lot size and area 202
dimensional requirements in the Zoning Chapter of Town Code, or that receives variances 203
for any deviation from such minimum requirements. 204
C. MAJOR - The division of any parcel of land into four (4) or more lots, any subdivision 205
proposed as a cluster development subdivision, or any subdivision (regardless of the 206
number of lots) involving any new street or the extension of public improvements. 207
D. MINOR – The division of any parcel of land into two (2) or three (3) lots and proposed as a 208
conventional subdivision fronting on an existing street, not involving any new street or the 209
extension of public improvements. 210
211
TOWN ENGINEER -The duly designated engineer of the Town of Ithaca or the engineering 212
consultant employed by the Town. 213
214
§ 234-8. (Reserved) 215
216
Article III: Classification & Procedures Applicable to All Applications 217
218
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Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
§ 234-9. Subdivision/lot line adjustment categories. 219
The following categories are found in this Chapter. Review procedures and submission 220
requirements for each category are set forth in each referenced article. 221
222 A. Lot Line Adjustments – Administrative review, Article IV. 223
224
B. Minor Subdivisions – Planning Board review, Article V. 225
226
C. Major Subdivisions - Planning Board review (including design standards for cluster and 227
conventional subdivisions), Article VI. 228
§ 234-10. General requirements for all subdivisions and lot line adjustments. 229
All applications shall be submitted for approval in compliance with the applicable standards and 230
procedures set forth herein. 231
232
A. Pre-application meeting. All subdividers and applicants for Lot Line Adjustments are 233
required to attend a pre-application meeting with the Planning Department prior to 234
submitting an application for any subdivision or lot line adjustment. The pre-application 235
meeting is an opportunity for the subdivider/Lot Line Adjustment applicant to present and 236
discuss conceptual plans with the Planning Department, prior to committing any resources 237
to the preparation of an application. No statement, comment, or other communication made 238
during this informal review shall be binding upon any party. Pre-application meetings 239
include review of: 240
1. Application requirements, checklists, and procedures; 241
2. Conceptual subdivision designs for major subdivisions; 242
3. Town plans and policies concerning development. 243
244
B. Each category and phase of review has a corresponding checklist of submission 245
requirements. Subdividers/Lot Line Adjustment applicants must submit documents and 246
information for all review stages, per the relevant checklist(s). Checklists are approved by 247
Town Board resolution, which the Town Board may revise from time to time. 248
249 C. Plats for both subdivision categories, and maps for Lot Line Adjustments, shall be prepared 250
and stamped by a New York State registered and licensed professional surveyor. 251
252 D. All subdivisions and Lot Line Adjustments must receive approval in compliance with this 253
Chapter before being recorded in the office of the Tompkins County Clerk. 254
255
E. If a lot or lots in an approved subdivision have been later consolidated, in whole or in part, 256
the consolidated portion(s) shall not be re-subdivided without undergoing a new subdivision 257
review and approval process. 258
259 F. The time periods listed in this law or in NYS Town Law 276, within which the Planning 260
Board must take action on a preliminary plat or a final plat, may be extended by mutual 261
consent of the subdivider and the Planning Board. 262
263 G. The Planning Board may waive any of the application provisions of this Chapter when the 264
strict application of such provisions would cause unnecessary or significant hardship or 265
practical difficulties. In waiving such provisions, the Planning Board shall determine that the 266
waiver will not significantly affect the purpose of subdivision control as provided by this 267
Chapter; and that the waiver will not impair the policy enunciated or implied by the Town 268
Board in adopting this Chapter’s provisions. 269
270 H. Any action or determination approving an application, in whole or in part, whether final or 271
preliminary, shall be revocable, in whole or in part, if the action or determination was made 272
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in reliance on any misrepresentation, concealment, or other fraudulent act or statement by 273
the subdivider/Lot Line Adjustment applicant or was based on a mistake as to a material 274
matter. 275
276
§ 234-11. Public hearings and postings. 277
278
A. Public Hearings are required for Minor and Major Subdivisions (for both Preliminary Plats 279
and Final Plats). 280
281 B. Public Hearings are not required for Lot Line Adjustments. 282
283
C. Notice of public hearings shall be published in the official newspaper of the Town of Ithaca. 284
The law governing the publication of public hearing notices and the holding of public 285
hearings on preliminary and final plats is set forth in NYS Town Law § 276. Advertising or 286
publishing the notice, in accordance with the provisions of NYS Town Law § 276, is the only 287
notice legally required. 288
289
D. In order to promote public information and participation in the subdivision approval 290
procedures, public notice shall be posted by the subdivider in accordance with, and shall be 291
governed by the provisions of, Town Code § 270-237 (A) through (F) posting of notices. . 292
Regardless of whether the subdivider posts the notice, the Planning Board shall comply 293
with the timing requirements in NYS Town Law § 276 for public hearings and decisions on 294
Preliminary Plats and Final Plats. 295
296
§ 234-12. (Reserved) 297
298
Article IV: Lot Line Adjustments 299
300
§ 234-13. Procedures. 301
Applications for Lot Line Adjustments shall be made to the Planning Department via the Town’s 302
digital online application program and shall consist of documentation listed on the relevant 303
checklist. A summary of Lot Line Adjustment procedures includes: 304
305 A. Classification and general application requirements, pursuant to Article III above. 306
307
B. Criteria to determine if proposal is a Lot Line Adjustment: 308
1. All lots are contiguous; 309
2. The result of the adjustment does not create new additional lots; 310
3. The result does not create any new nonconforming lots, or enlarge or increase the 311
nonconforming aspect of any legally existing nonconforming lot; 312
4. A property split off from a parcel will be transferred to the contiguous lot owner (if 313
different) and consolidated with the contiguous lot; 314
5. None of the lots require site plan or special permit approval by the Planning Board, or 315
variances or special approval by the Zoning Board of Appeals; 316
6. The adjustment is not part of a larger development plan, and does not result in the 317
piecemeal subdivision of a larger project; and 318
7. No more than five acres in the aggregate are proposed to be transferred. 319
320
C. The Director of Planning and the Director of Code Enforcement shall review applications for 321
lot line adjustments to ensure that the proposal: 322
1. Creates lots that conform to the Town Code, Chapter 270, Zoning; 323
2. Creates buildable lot conditions; and 324
3. Existing conservation and agricultural easements remain in effect. 325
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326 D. The Director of Engineering shall review the proposal to ensure that relevant municipal 327
easements, stormwater facilities, and other public or private utilities and other infrastructure 328
remain accessible and operable. 329
330 E. The Director of Planning shall have 30 days from the date the application is deemed 331
complete to approve or deny an application for a Lot Line Adjustment. If the application is 332
approved, the Director of Planning shall stamp and sign the survey map. The applicant shall 333
then file the survey map with the Tompkins County Clerk, along with the corresponding 334
deed effecting the Lot Line Adjustment, if property is being transferred. 335
336
§ 234-14 (Reserved) 337
338
Article V: Minor Subdivisions 339
§ 234-15. Procedures. 340
Minor Subdivisions shall be considered for a single-stage review by the Planning Board. The 341
subdivider does not submit a preliminary plat, and the Planning Board considers only a final plat. A 342
summary of minor subdivision procedures includes: 343
344 A. Classification and general application requirements, pursuant to Article III above. 345
346
B. Process and submission requirements, which include all documentation and information 347
required for final plats as specified in §§ 234-19 and 234-20 of this Chapter and listed on 348
the relevant final plat checklist. A subdivider may voluntarily opt to submit a sketch plan for 349
a Minor Subdivision. 350
351 C. Public hearing requirements, pursuant to § 234-11. 352
353
D. Planning Board findings and a decision, pursuant to § 234-21. 354
355 E. The submitted plat drawing shall be marked as final and shall include a note that no 356
preliminary subdivision review was required. 357
358
§ 234-16. (Reserved) 359
360
Article VI: Major Subdivisions 361
§ 234-17. Procedures. 362
A summary of major subdivision procedures and requirements includes: 363
364
A. Classification and general application requirements, pursuant to Article III above. 365
366 B. Process and submission requirements, which consist of three main stages: the sketch plan 367
review, the preliminary subdivision review, and the final subdivision review. § 234-18, § 234-368
19, and § 234-20 describe items that should be included and considered with each particular 369
review stage. 370
371
C. Public hearing requirements, pursuant to § 234-11. 372
373 D. Planning board findings and decision, pursuant to § 234-21. 374
375
E. Subdivision Design Standards, pursuant to Article VII below. 376
377
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Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
§ 234-18. Sketch plan review. 378
A Sketch Plan shall be submitted for review by the Planning Board for any proposed Major 379
Subdivision. A sketch plan shall be clearly marked as such and include documentation listed on the 380
relevant sketch plan checklist. 381
382
A. It is the responsibility of the subdivider to provide a sketch plan that depicts a reasoned and 383
viable proposal for subdivision and subsequent development of the lot(s). 384
385 B. Planning Board members may suggest modifications to but shall not approve or disapprove 386
a sketch plan. Comments made by individual Board members during a sketch plan review 387
shall not be interpreted as constituting approval or disapproval by the Board, nor shall they 388
be interpreted to limit the scope of any subsequent review or approval of a future plan. 389
390
§ 234-19. Preliminary subdivision review. 391
The procedure for Preliminary Subdivision Review shall be as provided for in this Chapter and 392
(except to the extent superseded by this Chapter) NYS Town Law §§ 276 through 278, as they 393
may from time to time be amended. All necessary information shall be in full compliance with the 394
provisions of Town Law and this Chapter. 395
396
A. The subdivider shall submit to the Director of Planning or their designee all materials as 397
specified by the Preliminary Subdivision checklist 398 399 B. In addition, the subdivider shall furnish such information, data, maps, reports or other 400
documents which the Town or the Planning Board may require for the environmental review 401
procedures, including all applicable requirements of the New York State Environmental 402
Quality Review Act (SEQR) and Chapter 148, Environmental Quality Review, of the Town of 403
Ithaca Code, as they may be amended from time to time, or any other applicable rule, 404
regulation, code, or law. An application for preliminary subdivision review shall not be 405
deemed complete until a negative declaration has been filed or until a notice of completion 406
of the draft environmental impact statement has been filed in accordance with the provisions 407
of SEQR. The time periods for reviewing a preliminary subdivision application shall begin 408
upon filing of such negative declaration or such notice of completion. 409
§234-20. Final subdivision review. 410
The procedure for Final Subdivision Review shall be as provided for in this Chapter and (except to 411
the extent superseded by this Chapter) Town Law §§ 276 through 278, as they may from time to 412
time be amended. All necessary information shall be in full compliance with the provisions of Town 413
Law and this Chapter. 414
415 A. The subdivider shall submit to the Director of Planning or their designee all materials as 416
specified by the Final Subdivision checklist. 417
418
B. In addition to following the procedures in Town Law §§ 276 through 278, the subdivider shall 419
also comply with the provisions of the following subsections: 420
1. (a) For all streets, sidewalks, open space, utilities, and other public improvements that 421
the subdivider proposes to be conveyed to the Town as public property, the 422
subdivider must make formal offers of dedication to the Town of such land, open 423
space and improvements, in a form acceptable to the Town Board. Approval of the 424
plat by the Planning Board shall not constitute acceptance by the Town Board of 425
any streets, sidewalks, open space, or other public improvements. The mere act of 426
offering dedication shall not create any presumption that the Town has accepted the 427
same. Additional information related to dedication of the above can be found in § 428
234-28, and in Article VIII of this Chapter (Infrastructure). 429
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430 (b) All such offers are nonrevocable (or, if the Town Board expressly authorizes or 431
declares them to be revocable, then irrevocable for 365 days after the filing of the 432
final plat with the County Clerk's Office), and each such street, sidewalk, open 433
space, utility, or other public improvement shown on the final subdivision plat shall 434
be deemed to be private until such time as each of the same has been formally 435
accepted by the Town. 436
437 (c) The subdivider shall, for all lots or areas marked for future use or dedication, provide 438
to the Town title documents and conveyances of title or rights-of-way or easements, 439
as applicable or required, in a form acceptable to the Town's attorney, together with 440
such tax searches, abstracts, resolutions, or other documents as such attorney may 441
reasonably require to verify good title. 442
443 2. The subdivider shall obtain and file with the Planning Board any required approval from 444
the Tompkins County Whole Health or successor agency, indicating satisfactory design 445
compliance with the realty subdivision provisions of the County Sanitary Code. 446
447 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.) 449
450 D. The final approved plat shall show approved locations for intensive development, approved 451
locations for less dense development, and any lands that will be protected by conservation 452
easement and/or plat notations, as determined by the Planning Board based on the 453
Resource Analysis required by § 234-24.D. 454
455
§ 234-21. Planning board findings and decision. 456
Planning Board decisions regarding subdivisions shall be accompanied by findings about whether 457
the following standards have been met, where applicable, in accordance with the policy statement 458
in Article I, § 234-1 and, for Major Subdivisions, the Resource Analysis in Article VII, § 234-24.D: 459
460
A. The proposal complies with the Town’s adopted Complete Streets Policy and Site Design 461
and Development Criteria Manual. 462
463
B. The proposal clearly and accurately shows buildable areas and describes any proposed 464
development. The arrangement, location, and width of streets and sizes of lots are 465
adequate, and particular attention has been given to their relation to the topography of the 466
land and the natural and cultural resources of adjoining lands. 467
468 C. Where site plan review is required by § 270-184, or the subdivision creates more than 469
twenty five (25) lots, the exterior characteristics of proposed structures shall demonstrate 470
consistency with objective architectural design principles, including but not limited to: 471
balance, connection, contrast, emphasis, form, grouping, pattern, placement, proportion, 472
rhythm, scale, unity, and variety. In making this finding, the Planning Board will not prescribe 473
a particular architectural style but shall ensure that structure design avoids visual monotony, 474
excessive bulk, or discordant forms that undermine the Town’s Comprehensive Plan goals. 475
The Planning Board’s review shall focus on: 476
1. Compatibility with surrounding context (including prevailing form, scale, massing, and 477
materials); 478
2. Visual cohesion among structures within the subdivision; and 479
3. Alignment with any adopted Town design guidelines or neighborhood regulating plans. 480
481 D. The proposed lots and development have provided for sufficient space for on-site vehicular 482
and bicycle parking, for loading and unloading and similar activities, and for adequate 483
emergency access. 484
485
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Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
E. The proposal minimizes potential for flood damage to proposed improvements and adjoining 486
properties and complies with Chapter 157 of the Town of Ithaca Code, Flood Damage 487
Prevention. 488
489 F. Proper provision has been made for stormwater management, in compliance with current 490
NYSDEC requirements and Chapter 228 of the Town of Ithaca Code, Stormwater 491
Management and Erosion and Sediment Control. 492
493 G. The proposal provides for safe and sufficient water supply, proper sewage disposal, and 494
proper access to other available utilities such as electric and telephone. 495
496
H. For cluster subdivisions, and to the extent practicable, the subdivision has been designed 497
and maintained to ensure that the conservation assets identified on the site in the Resource 498
Analysis retain their qualities, and the subdivision has avoided fragmentation of such assets. 499
500
I. For conventional subdivisions, and to the extent practicable, the proposal preserves and 501
protects any sensitive environmental characteristics on the site, including wetlands, streams, 502
steep slopes, threatened or endangered plant or animal species, trees with diameter-at-503
breast-height (DBH) of 10-12 inches or more for softwoods and 5-6 inches or more for 504
hardwoods, cultural and historic resources, scenic resources, and other such assets. 505
Provision has been made for maintaining existing known ecological corridors to mitigate any 506
adverse environmental impacts and to sustain biodiversity. 507
508
J. Pursuant to NYS Town Law § 277 and Article VII, § 234-29 (Reservations of parks and 509
recreational lands), park areas of suitable location, size and character for playground and 510
other recreational or open space purposes have been shown on the subdivision plat, if 511
required by the Planning Board. Provision has been made for the adequate permanent 512
reservations of open space, pedestrian trails, viewing areas, and parks; and such areas 513
have been shown on the plat. 514
515 K. Subdivision proposals located within an Agricultural Zone have complied with the density 516
limitations and limitations on subdivisions listed in Chapter 270, Zoning, § 270-35. 517
518
L. Subdivision proposals located within a Conservation Zone have complied with the density 519
limitations and limitations on subdivisions listed in Chapter 270, Zoning, § 270-20. 520
521
§ 234-22. (Reserved) 522
523
Article VII: Subdivision Design Standards 524
525 § 234-23. General procedures. 526
527
A. All major subdivisions shall be subject to design standards. Cluster subdivision is required 528
in all cases of new major subdivisions and re-subdivisions, unless: 529
1. The subdivision is located within the High Density Residential Zone, 530
2. The subdivision falls under the § 234-24.C.1 exception, or 531
3. The Planning Board approves a conventional plat, pursuant to §234-24.C.2. 532
533
B. Cluster subdivisions are not required for minor subdivisions and are prohibited in the High 534
Density Residential Zone. Subdivision design standards for conventional subdivisions are 535
listed in § 234-26. 536
537
C. In a proposed or approved regulating plan area for Traditional Neighborhood Development 538
(TND), the New Neighborhood Code applies additional and different requirements for 539
thoroughfare and street types and patterns, parks and preserves, lot arrangement, and 540
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Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
other aspects of 1) neighborhood design, 2) the public realm, and 3) subdivision review and 541
approval. (See §§ 272-301 through 272-310, 272-403, 272-702.3, 272-802, and 272-803. 542
543
§ 234-24. Cluster subdivisions. 544
Clustering permits flexibility in the development of land and results in a concentration of occupancy 545
or use in a particular area of land and space, which encourages the preservation of available open 546
space and reduces the cost and maintenance of public improvements. Submission requirements 547
for cluster subdivisions are required per the cluster subdivision checklist, as adopted by Town 548
Board and amended from time to time, along with design steps, review steps, and calculation 549
procedures enumerated below: 550
551
A. Purpose and applicability. The purpose of cluster subdivision regulation is to: 552
1. Achieve a balance between well-designed development and meaningful open space 553
conservation/natural resource protection; 554
2. Encourage conservation and development in the most appropriate locations on a 555
subdivided parcel, limit the impact of development on sensitive and/or significant 556
natural, agricultural, scenic, cultural, and historic resources, and encourage 557
development that enhances the Town's character, pattern and scale of settlement; 558
3. Allow for residential development on lots that are smaller than would otherwise be 559
permitted in the applicable zoning district in exchange for the protection of conservation 560
assets identified in the Town's Open Space Index; 561
4. Encourage the placement of lots and design of the transportation network in a manner 562
that results in the more efficient provision of infrastructure and delivery of public 563
services and that supports a walkable and socially cohesive residential community. 564
5. Cluster development is applicable in Agricultural and Conservation Zones, and all 565
residential zoning districts, except High Density Residential. Additional special 566
considerations in the Agricultural and Conservation Zones apply (B.3 below). 567
568
B. Cluster general design standards and procedures. 569
1. The minimum gross area for any cluster subdivision proposal shall be five acres; 570
2. The number of dwelling units permitted in a cluster subdivision shall be determined as 571
described in Town Law § 278. To illustrate the number of dwelling units that can be 572
accommodated on the site, the subdivider must submit a sketch plan of a conventional 573
subdivision in which all lots comply with the minimum requirements permitted by Zoning 574
and the requirements in §234-26 (Conventional subdivision design standards and 575
procedures). The Site Capacity Calculation Worksheet will assist subdividers with 576
calculating the number of dwelling units permitted, based on the conventional 577
subdivision. 578
3. Proposals located within an Agricultural Zone must comply with the special density 579
limitations and limitations on subdivisions listed in Chapter 270, Zoning, § 270-35. 580
Proposals located within a Conservation Zone must comply with the special cluster 581
provisions listed in Chapter 270, Zoning, § 270-20; 582
4. A cluster subdivision must be designed and maintained to avoid fragmentation of 583
conservation assets and to maintain wildlife corridors that connect significant ecological 584
communities; 585
5. Existing vegetation shall be preserved during development to the fullest extent possible, 586
including prevention of the introduction of invasive species (see Resource Analysis 587
provisions below); movement or parking of vehicles and equipment in proposed 588
conservation areas is prohibited under the canopy/dripline of trees with 10”-12” 589
diameter at breast height for softwoods and 5”-6” diameter at breast height for 590
hardwoods. The Planning Board may require such trees to be protected with temporary 591
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Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
fencing at the driplines during construction; 592
6. The boundaries and alignment of existing streams shall be preserved unless a change 593
complies with Town Code § 270-219.5 (stream setback). Land areas subject to flooding 594
that may be a danger to health, life or property, or may exacerbate an existing flood 595
hazard, shall not be plotted for residential uses. Such land areas shall be noted as 596
"undevelopable" on the plat; 597
7. The Planning Board may entertain an application for the cluster subdivision of a portion 598
of a parcel if a Resource Analysis is provided for the entire parcel. The approval to 599
develop a portion of the parcel is not a basis for the subdivider or successor in interest 600
to subsequently request an exception under Subsection C(2) for the remainder of the 601
parcel. 602
603
C. Exceptions. 604
1. The Planning Board may allow, but shall not require, a cluster subdivision if the total 605
acreage of land to be subdivided is less than five acres in size. Cluster subdivisions are 606
not required for minor subdivisions on a parcel of any size. 607
2. The Planning Board may allow and may approve a conventional subdivision plat if the 608
Board determines that there is no reasonable basis for requiring a cluster subdivision. 609
For the Planning Board to make such a determination, the Planning Board must find the 610
following: 611
(a) The land contains no or limited resources with conservation value or that are listed 612
in the Town’s Open Space Index; or 613
(b) The total acreage under consideration is too small to preserve a substantial 614
amount of land with conservation value (this criterion shall not be evaded by 615
piecemeal subdivision or lot line adjustment of larger tracts); or 616
(c) The subdivider has made a clear and compelling case that proves that a 617
conventional subdivision will better implement key Comprehensive Plan goals and 618
policies than a cluster subdivision (e.g., a conventional subdivision will better 619
preserve/protect environmentally, agriculturally, and visually sensitive areas). 620
621
D. Resource Analysis. 622
1. As part of its Preliminary Subdivision Review submission, a subdivider shall prepare a 623
Resource Analysis, consisting of inventory maps, a written description of the land, an 624
analysis of the conservation value of various site features, and an explanation of how 625
the built environment and natural features will be integrated through the design of the 626
cluster subdivision. 627
2. The Resource Analysis shall describe the current and potential conservation value of all 628
land on the site. In the course of its preliminary subdivision review, the Planning Board 629
shall apply the data in the Town of Ithaca Open Space Index and shall determine which 630
open space and conservation assets are present and should be considered for 631
preservation. 632
3. The outcome of the Resource Analysis and the Planning Board's determination shall be 633
incorporated into any approved preliminary plat. The preliminary plat shall show 634
preferred locations for intensive development, acceptable locations for less dense 635
development, and any lands that should be protected by a conservation easement 636
and/or plat notation. The cluster subdivision must be designed to protect the 637
conservation assets proposed to be preserved from future disturbance due to 638
incompatible development, changes in ecological function or other impacts associated 639
with development of the site. 640
4. The Planning Board shall make written findings identifying the specific conservation 641
values protected and the conservation findings supporting such protection. An 642
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Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
application that does not include a complete Resource Analysis sufficient for the 643
Planning Board to make its findings shall be considered incomplete. 644
5. The Resource Analysis must identify and delineate all “Class 1,” “Class 2,” and “Class 645
3” assets, as described here: 646
647
(a) Class 1 assets: Constrained or unbuildable lands (see Figure 1). Constrained or 648
unbuildable lands are areas described in [1] through [9] below, or that are unsuited 649
for development due to Federal, State or Town regulations, deed restrictions, 650
easements, or other physical or legal limitations to development. The area of these 651
lands will not count in the determination of the maximum number of lots that would 652
have been possible in a conventional subdivision. Class 1 assets include: 653
[1] Parcels located entirely within a Critical Environmental Area (CEA), as defined by 654
the NYS Department of Environmental Conservation (DEC); and areas within 100 655
feet of a CEA; 656
[2] Endangered and Threatened plant or animal wildlife communities last identified 657
on the site within the last 50 years, as identified by the NYS DEC’s Natural 658
Resources database and EAF Mapper Program; or by a licensed 659
biologist/botanist; 660
[3] Wetlands that require a permit from the Army Corps of Engineers and/or NYS 661
DEC to comply with prevailing Federal or State wetlands regulations ; 662
[4] Areas of Special Flood Hazard, as depicted in the Town of Ithaca Flood 663
Insurance Rate Map (FIRM); 664
[5] Slopes of 40% or more, and Major Rock Gorges, as described in the Town Open 665
Space Index; 666
[6] Highly Erodible Soils, as identified by the USDA Natural Resources Conservation 667
Service or similar or other successor agency; 668
669
[7] Old-Growth Woods (over 100 years old), as described in the Town Open Space 670
Index; 671
[8] Land within any of the following: 25 feet of the Ordinary High Water Level of 672
Cayuga Lake, as defined in Town Code §270-5; 100 feet of the center of any 673
stream classified as Class C or higher by the NYS DEC; or the minimum stream 674
setback widths per Town Code § 270-219.5, regardless of drainage area; 675
[9] Land within an existing or proposed stormwater management facility, occupied by 676
existing or proposed public or private streets, public utility structures or 677
improvements, or within portions of easements/rights-of-way where development 678
is not allowed. 679
680
Figure 1: Parcel in green, “Class 1”
assets labeled (steep slopes, wetlands,
old growth forest)
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Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
681
(b) Class 2: Priority conservation assets (see Figure 2). Class 2 assets are the following 682
identified in the Town Open Space Index, exclusive of any assets classified as Class 1: 683
[1] Land that includes rare or vulnerable ecological communities, as defined in the 684
DEC’s New York Natural Heritage Program; 685
[2] Mature Woods “Greater Than Five Acres,” as described in the Open Space 686
Index; 687
[3] Agricultural land that was farmed within the past two years, and with soils defined 688
as Class I or Class II by the USDA Natural Resources Conservation Service or 689
similar or other successor agency; 690
[4] Riparian buffers, measured an additional 50 feet beyond the 100-foot stream 691
centerline measurement for Class C or higher streams included in Class 1 lands, 692
and regardless of drainage area noted in Town Code § 270-219.5; 693
[5] Slopes of at least 15% and less than 40%. 694
[6] Historic or indigenous sites within or adjoining the site that are designated as 695
sensitive for archaeological sites on the New York State Historic Preservation 696
Office archaeological site inventory. 697
698 699
(c) Class 3: Secondary conservation assets (see Figure 3). Class 3 assets include the 700
following identified in the Town Open Space Index, exclusive of any assets classified as 701
Class 1 or Class 2: 702
[1] Land including or immediately adjacent to historic sites that are listed, or are 703
eligible to be listed, on the National and State Registers of Historic Places, or are 704
included in the Town Limited Historic Commercial Overlay District; 705
[2] Agricultural land that was farmed within the past two years; 706
[3] Land within a Tompkins County Unique Natural Area (UNA) and areas within 100 707
feet of a UNA; 708
[4] Land on the Tompkins County Scenic Resource Inventory lists of “Distinctive” 709
and “Noteworthy” views; or the Town of Ithaca Scenic Resources Inventory list of 710
“Scenic Views of Local Significance” and “Noteworthy Scenic Views”; 711
[5] Recreational resources, publicly accessible open space, and lands that provide 712
connectivity to public land, as noted in the Town’s Park, Recreation, and Open 713
Space Plan and Open Space Index, respectively; 714
[6] Areas within 100 feet of a New York State park, or within 50 feet of a Town 715
park/preserve, Finger Lakes Land Trust preserve, or Nature Conservancy 716
preserve; and Town-held conservation easements. 717
718
Figure 2: Same parcel in green, “Class
2” assets labeled (mature woods,
riparian buffer)
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Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
719 720
721
722
E. Calculation methodology to determine required open space and conservation assets in 723
cluster subdivisions, based on Resource Analysis (see Figure 4 below). 724
1. Minimum open space preservation requirement- At least 40% of the area of the parent 725
parcel must be preserved as open space. The preserved land must include: 726
(a) All Class 1 assets; 727
(b) At least 80% of all land that contains Class 2 assets; and 728
(c) At least 40% of the land that contains Class 3 assets; 729
730
2. Connections to adjoining land. The subdivision design must incorporate any connections 731
between conservation assets on and adjoining the site to maximize their functional value 732
as contiguous biological corridors or other types of land connections listed in the Open 733
Space Index. 734
735
736 Figure 4: Same parcel with all preserved assets at required percentages (100% of Class 1 assets, 737
80% of Class 2 assets, and 40% of Class 3 assets). Buildable areas are shown in green. 738
Figure 3: Same parcel in green, “Class 3”
assets labeled (areas within 100ft of a NYS
Park, recreational open space)
16
Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
739
F. Housing types, area and dimensional requirements, building heights in cluster subdivisions. 740
1. Notwithstanding the requirements of the zoning district, residential development as part 741
of a cluster subdivision may include one-family dwellings, two-family dwellings, and 742
townhomes and apartment buildings with a maximum of up to six dwelling units per 743
building. 744
2. Area and dimensional requirements: 745
(a) The Planning Board may waive requirements for minimum lot sizes and setbacks 746
that would otherwise apply to residences in the zoning district. The Planning Board 747
may not waive maximum sizes for accessory dwelling units (ADUs); 748
(b) Appropriate lot sizes will be determined by the Planning Board after careful 749
consideration of all site characteristics and development requirements. Within areas 750
not served by public water and sanitary sewer service, minimum lot sizes shall be 751
determined with regard to specific site characteristics and public health and safety 752
concerns and requirements in consultation with Tompkins County Whole Health; 753
(c) The subdivider shall specify lot sizes, and other lot dimensions and building setbacks 754
to be incorporated into the final plat. Lot dimensions and building setbacks must be 755
based on careful consideration of all site characteristics and development 756
requirements; 757
(d) Setbacks between any residences and parcels adjoining the cluster subdivision must 758
be at least the minimum setback required in the zoning district for single-family 759
residences. 760
(e) Maximum height limits in the zoning district shall apply. 761
762 G. Flag lots. Flag lots are permitted in limited applications in subdivisions to avoid extending 763
streets further than necessary. The following standards shall apply: 764
1. No more than two contiguous flag lots shall be created. Whenever practicable, adjoining 765
flag lots should be platted in a manner that encourages shared driveway access points 766
along streets shown on the Official Town Map. 767
2. Flag lots shall comprise no more than 10 percent of all lots in the subdivision. 768
3. The access strip of a flag lot shall be owned by the owner of the main portion of the flag 769
lot and shall extend to an existing street shown on the Town’s Official Map. The access 770
strip shall serve as the primary access for the lot. 771
4. The access strip shall have a minimum width of 20 feet. The width shall be increased as 772
necessary to contain all grading for the driveway within the access strip. 773
5. The access strip shall have a maximum length of 200 feet. 774
6. The minimum lot area of the flag lot shall be calculated exclusive of the access strip. 775
7. In areas where agriculture is the predominant land use, flag lots should be located on 776
the least productive agricultural lands and be configured to minimize interference with 777
the agricultural use of the remaining lands. 778
779
§ 234-25. (Reserved) 780
781
§ 234-26. Conventional subdivision design standards and procedures. 782
Submission requirements for conventional subdivisions are required per the Preliminary and Final 783
Subdivision checklists, along with the review steps and procedures enumerated below. 784
Conventional subdivisions do not require a Resource Analysis, conservation easement, or plat 785
notation. Rather, the area, width, depth, and orientation of lots shall be appropriate for the location 786
of the subdivision and for the type of development permitted by Chapter 270, Zoning. 787
788
A. Minimum lot areas and dimensions shall be as established in Chapter 270, Zoning, and 789
17
Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
Chapter 271, Zoning: Special Land Use Districts. Lots shall exclude any portion of a public 790
highway right-of-way that may be included within the deed description of the lot. 791
792
B. Where any lot is proposed to be served by an individual sewage disposal system, the 793
minimum dimensions of each lot shall be determined by Tompkins County Whole Health, 794
except that no such lot shall have an area of less than 30,000 square feet. Tompkins County 795
Whole Health may require the subdivider to provide acceptable percolation tests or impose 796
other requirements for lots to be served by individual sewage disposal systems. 797
798
C. Buildable areas must be indicated on the preliminary and final plats. Buildable areas must 799
conform to setback requirements in the underlying zoning district, and all subdivisions must 800
conform to the stream setback requirements in Chapter 270, Zoning, and to any other 801
required buffer zones. Unbuildable areas are areas that are unsuited for development due to 802
Federal, State or Town regulations, deed restrictions, easements, or other physical or legal 803
limitations to development. Unbuildable areas in a conventional subdivision include Class 1 804
assets [1] through [7], and [9], listed in § 234-24.D.5(a) Resource Analysis. The Planning 805
Board may also exclude any other areas that, in its opinion, are unsuitable for construction 806
because of steep slopes, poor drainage, or other considerations which may be injurious to 807
the health, safety, or welfare of the community. 808
809 D. The lengths, widths, and shapes of blocks shall be determined with due regard to the 810
provision of building sites suitable to the special needs of the type of uses contemplated, 811
need for convenient access, circulation, control and safety of street traffic, solar access and 812
the limitations and opportunities of topography. Residential blocks shall not be more than 813
1,200 feet in length, except as the Planning Board determines necessary to secure efficient 814
use of land or to achieve desired features of the transportation system; measurement of 815
block length shall be between property lines. Blocks shall comply with the Town’s Complete 816
Streets Policy and Site Design and Development Criteria Manual. 817
818 E. In a proposed or approved regulating plan area for traditional neighborhood development 819
(TND), New Neighborhood Code requirements for thoroughfare and block pattern and lot 820
siting apply. (See §§ 272-306 and 272-403.23.) 821
822
§ 234-27. (Reserved) 823
§ 234-28. Reservation of land for public utilities. 824
825
A. Whenever a subdivider proposes easements or land that includes all or part of the proposed 826
site for a public utility, the Planning Board shall submit the proposed plat to the public body 827
responsible for acquiring the land for the site before approving the preliminary plat of the 828
subdivision. 829
830
B. No proposed dedication by the subdivider for a Town of Ithaca easement or street or other 831
public use shall be shown on a final plat unless the Town Board authorizes acceptance of 832
the concept and location of such dedication prior to final subdivision approval. 833
834 C. In a proposed or approved regulating plan area for traditional neighborhood development 835
(TND), additional and different requirements for land reservation and dedication for public 836
facilities, utilities, infrastructure, and easements apply. (See §§ 272-306 through 272-309.) 837
838 D. If access to a subdivision is only across land in another municipality, the Planning Board 839
may request assurance from the adjoining municipality’s attorney and Highway 840
Superintendent (or equivalent title) that the access street is suitably improved or that a 841
performance guarantee or security has been duly executed and is sufficient security to 842
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Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
ensure access has been constructed. 843
844
§ 234-29. Reservations of parks and recreational lands. 845
846 A. If the Planning Board requires a reservation of parkland, such reservation shall be of suitable 847
size, dimension, topography, and general character and shall have adequate street access 848
for the particular purposes envisioned by the Planning Board. 849
1. The Board may require that the parkland be located at a suitable place on the edge of 850
the subdivision so that additional land may be added at such time as the adjacent land is 851
subdivided. 852
2. The subdivider must offer dedication of all such parkland to the Town where the 853
Planning Board has determined that parkland must be owned by the Town. 854
3. Reservation of parkland on subdivision plats containing dwelling units shall be in 855
accordance with NYS Town Law § 277(4). The amount of land to be so reserved for a 856
conventional subdivision shall be determined by the Planning Board on a case by case 857
basis. The area shall be shown and marked on the final plat "Reserved for Park 858
Purposes." 859
860
B. Pursuant to NYS Town Law § 277, the Planning Board may require payment in lieu of 861
parkland. The Town Board has established a formula for such payments in Town Code 862
§153-3, which may be amended from time to time. 863
864
C. The provisions of this section are minimum standards. None of the subsections above shall 865
be construed as prohibiting a subdivider from reserving other land for recreation purposes in 866
addition to the requirements of this section. 867
868
D. In a proposed or approved regulating plan area for traditional neighborhood development 869
(TND), New Neighborhood Code requirements for park and preserve land area, types, 870
location, configuration, connectivity, access, programming, and ownership apply. (See § 871
272-308.) Payment in lieu of land reservation does not apply for traditional neighborhood 872
development and is not a substitute for providing and improving parks and preserves. 873
874
§ 234-30. (Reserved) 875
876
Article VIII. Infrastructure 877
878
§ 234-31. Transportation network. 879
880 A. Design and construction of a street(s) as defined herein and related improvements shall be 881
in accordance with the standards and specifications described in the Town of Ithaca Site 882
Design and Development Criteria Manual, copies of which are available in the office of the 883
Town Engineer. The subdivider shall improve or agree to improve all streets and other ways 884
to provide drainage improvements, all in such manner as is necessary for the general use of 885
lot owners in the subdivision and to meet local traffic and drainage needs, including the 886
needs of pedestrian and bicycle traffic as may be required by the Town of Ithaca Complete 887
Streets Policy. Streets shall be graded, surfaced, and improved to the grades and 888
dimensions shown on plats, profiles, and cross-sections submitted by the subdivider and 889
approved by the Planning Board, Town Engineer, and Town Highway Superintendent. 890
891
B. Street names shall be shown; they shall provide for continuation of the names of existing 892
streets wherever appropriate; they shall not duplicate the names of streets elsewhere in 893
Tompkins County. 894
895
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Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
C. In a proposed or approved regulating plan area for traditional neighborhood development 896
(TND), New Neighborhood Code requirements for arrangement of streets, street types and 897
elements, provision of alleys, and geometry apply. (See §§ 272-306 and 272-307.) 898
899 D. Whenever a subdivider proposes to dedicate a street or transportation network to the town, 900
the Town Board shall determine whether to authorize acceptance of the concept and 901
location of such dedication prior to the Planning Board’s consideration of final subdivision 902
approval. 903
904
E. Prior to the Town Board’s consideration of final acceptance of streets or utilities, the Highway 905
Superintendent and Town Engineer shall determine whether all public utilities, streets, and 906
required improvements have been completed in accordance with the approved plans and 907
specifications and applicable requirements and regulations. 908
909
§ 234-32. Phased developments. 910
911
A. In phased developments, a schedule of improvements shall be made in accordance with an 912
agreement satisfactory to the Director of Planning, Town Engineer, and Attorney for the 913
Town. The agreement will provide for the maintenance of existing roads and utilities and shall 914
be approved and executed before the Planning Board issues final subdivision approval. The 915
subdivider will provide a description of the sequential installation of improvements that will 916
service the development, including the entity that provides the improvements, the date any 917
new improvements, if needed, will be constructed, and a schedule to assure improvements 918
are available concurrent with the impacts of the development. The agreement may be 919
conditioned to require that the entire development or any phase of it be commenced or 920
completed within a specified period of time. 921
922 B. Construction completion (performance guarantee). In order to ensure the full and faithful 923
completion of all improvements, the Town may require the subdivider to provide a 924
performance bond or other security prior to the commencement of Land Development 925
Activity. The provisions of NYS Town Law § 277(9) shall apply to such performance 926
guarantee. 927
928 C. If the work of a particular phase has been completed satisfactorily, the Town may release the 929
appropriate portion of the performance guarantee, or, if the work is subject to a warranty or 930
demonstration period, may delay release of that portion until the end of such warranty or 931
demonstration period. If work is not completed satisfactorily, the applicant shall act to bring 932
the phase into conformity before commencing work on the next phase of development. In a 933
phased development, the issuance of building permits in each phase may not occur until 934
completion of the prior phase. 935
936
D. In a regulating plan area for traditional neighborhood development (TND), New 937
Neighborhood Code requirements for a subdivision phasing plan may apply. (See § 272-938
703.3.3.) 939
§ 234-33. Storm and surface drainage. 940
All land development shall be related to the surrounding drainage pattern, with provisions made for 941
proper storm drainage facilities. All drainage improvements must be acceptable to the Town’s 942
Stormwater Management Officer and shall comply with the provisions of Town Code Chapter 228: 943
Stormwater Management. 944
§ 234-34. Underground wires and cables. 945
946
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Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
A. Wires and cables providing local utility and similar services (including but not limited to 947
electric, internet, telephone, cable television, and streetlighting) in subdivisions shall be 948
placed underground, except as otherwise specified in Town Code § 270-219, Personal 949
Wireless Service Facilities. 950
951
B. In a regulating plan area for traditional neighborhood development (TND), New Neighborhood 952
Code requirements for underground utilities apply. (See § 272-309.2.1.) 953
§ 234-35. (Reserved) 954
955
Article IX. Permitting & Enforcement 956
957
§ 234-36. Building permits. 958
No building permit for any permanent building within the subdivision or lot to be sold or developed 959
shall be authorized until after the subdivision plat has received final approval by the Planning 960
Board, and the plat has been filed in the office of the Tompkins County Clerk. All projects involving 961
the construction of buildings shall also comply with the provisions of Town Code, Chapter 125, 962
Building Construction and Fire Prevention. 963
§ 234-37. Enforcement and appeals. 964
The Director of Code Enforcement, the Director of Planning, or the Town Engineer, shall enforce 965
this Chapter. The term “Enforcement Official” refers to any or all of them. Any person aggrieved by 966
any decision of any officer of the Town charged with the enforcement of this Chapter may take an 967
appeal to the Zoning Board of Appeals pursuant to NYS Town Law § 267-a. The Zoning Board of 968
Appeals shall follow the procedures in NYS Town Law § 267-a. 969
970
§ 234-38. Penalties for offenses. 971
972
A. Order to remedy. 973
1. If the Enforcement Official finds that there has been a violation of this Chapter, then the 974
Enforcement Official is authorized to issue an order to remedy; 975
2. An order to remedy shall be in writing; identify the property at issue; specify the condition 976
or activity that violates this Chapter; specify the provisions of this Chapter which are 977
violated by the specified condition or activity; and include a statement that the violations 978
must be corrected within 30 days after the date of the order to remedy (or, if the 979
violations are not reasonably capable of cure within 30 days, shall include a statement 980
that the owner, operator, or occupant must commence to cure such violations within 981
such thirty-day period and thereafter diligently and with continuity prosecute such cure to 982
completion in a period not to exceed 90 days after the Town's notice). The order may 983
direct the person served with the order to begin to remedy the violation(s) immediately or 984
within some other stated period of time that can be less than 30 days after the date of 985
the order; direct that compliance be achieved within the specified period of time; and 986
shall state that an action or proceeding to compel compliance and/or seek penalties, 987
fines and/or imprisonment may be instituted if compliance is not achieved within the 988
specified period of time; 989
3. The order to remedy, or a copy thereof, may be served by personal service on the 990
owner, operator or occupant, by mailing by registered or certified mail sent to the 991
address set forth in the application for any permit or approval submitted to the Town or to 992
the property address, or by posting a copy thereof on the premises that are the subject 993
of the order to remedy and mailing a copy, enclosed in a prepaid wrapper, addressed to 994
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Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
the last known address of the owner as set forth in the Town of Ithaca records, or if 995
none, in the most recent tax roll available to the Town of Ithaca. The Enforcement Official 996
shall be permitted, but not required, to cause the order to remedy, or a copy thereof, to 997
be served on any tenant, lessee, or any other person or entity taking part or assisting in 998
actions regarding any structures or uses at the affected property. Such service shall be 999
made personally or by registered mail or certified mail; provided, however, that failure to 1000
serve any person or entity mentioned in the preceding sentence shall not affect the 1001
efficacy of the order to remedy. 1002
1003
B. Fines and imprisonment. Pursuant to NYS Town Law § 268, any individual, association, 1004
organization, partnership, firm, corporation or other entity recognized by law that violates 1005
any provision of this Chapter, any term or condition of a plat or of any approval issued 1006
pursuant to this Chapter, or any term or condition of any order to remedy or other order or 1007
notice issued by the Enforcement Official pursuant to any provision of this Chapter, shall be 1008
deemed guilty of an offense, and upon conviction thereof shall be subject to a fine or 1009
imprisonment (or both) as provided in § 268. Each week's continued violation shall 1010
constitute a separate offense. 1011
1012
C. Civil penalties. In addition to any other remedies, any individual, association, organization, 1013
partnership, firm, corporation or other entity recognized by law that violates any provision of 1014
this Chapter, any term or condition of any plat or of any approval issued pursuant to this 1015
Chapter, or any term or condition of any order to remedy or other order or notice issued by 1016
the Enforcement Official pursuant to any provision of this Chapter, shall be liable for a civil 1017
penalty of not more than $1,000 for each day or part thereof during which such violation 1018
continues. The civil penalties provided by this subsection shall be recoverable in an action 1019
instituted in the name of the Town of Ithaca; 1020
1021
D. Injunctions and court orders. An action or proceeding in the name of the Town of Ithaca 1022
may be commenced in any court of competent jurisdiction to prevent, restrain, enjoin, 1023
correct, or abate any violation of, or to enforce, any provision of this Chapter, any term or 1024
condition of any plat or of any approval issued pursuant to this Chapter, or any term or 1025
condition of any order to remedy or other order or notice issued by the Enforcement Official 1026
pursuant to any provision of this Chapter. Such remedy shall be in addition to fines, 1027
penalties, imprisonment, and other remedies otherwise prescribed by law (including by this 1028
Chapter or by NYS Town Law). 1029
1030
E. Remedies not exclusive. No remedy, fine or penalty specified in this section shall be the 1031
exclusive remedy, fine or penalty available to address any violation described in this 1032
Chapter, and each remedy, fine or penalty specified in this section shall be in addition to, 1033
and not in substitution for or limitation of, the other remedies, fines or penalties specified in 1034
this section, or in any other section of this Chapter or other applicable law. Any remedy, fine 1035
or penalty specified in this section may be pursued at any time, whether prior to, 1036
simultaneously with, or after the pursuit of any other remedy, fine or penalty specified in this 1037
section, in any other section of this Chapter, or in any other applicable law. 1038
1039
§ 234-39. (Reserved) 1040
1041
Article X. Expiration of Subdivision Approval 1042
1043
§ 234-40. Conditions; procedures. 1044
1045
A. Subdivision approvals shall expire in accordance with the provisions of NYS Town Law §§ 1046
276(7)(c) and 276(11). 1047
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Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
1048 B. In addition to expiration pursuant to subsection A above, subdivision approvals (both Final 1049
and Preliminary) shall expire and the permissible construction on the property shall revert to 1050
that which would otherwise be in effect in the absence of such subdivision approval, unless 1051
within 36 months from the date of the filing of the approved final subdivision plat: 1052
1. Work has materially commenced in accordance with the finally approved subdivision 1053
plat; or 1054
2. One or more lots have been transferred from the subdivider and the deeds for same 1055
duly recorded in the Tompkins County Clerk's Office. 1056
1057 C. For the purposes of Subsection B in this section: 1058
1. Work will not have "materially commenced" unless, at a minimum: 1059
(a) A building permit, if required, has been obtained for at least one structure in the 1060
subdivision; 1061
(b) Construction equipment and tools consistent with the size of the proposed work 1062
have been brought to and been used on the site; and 1063
(c) Significant construction of streets or utilities, or significant framing, erection, or 1064
construction of a material structure, has been started and is being diligently 1065
pursued. 1066
2. A lot will not have been "transferred" unless conveyed by a deed, duly executed and 1067
recorded in the Tompkins County Clerk's Office, to: 1068
(a) A person unrelated to the subdivider in a bona fide transaction for value; or 1069
(b) A person related to the subdivider or for less than reasonable value in accordance 1070
with circumstances related to the Planning Board as part of the subdivision 1071
approval (e.g., a subdivision where the intention is to convey a lot to a relative or to 1072
convey a lot to an adjacent landowner for less than full value). 1073
1074
D. In addition to the foregoing, subdivision approval for a subdivision requiring construction of 1075
streets, drainage courses, water or sewer lines, or other such facilities, shall terminate as to 1076
any un-transferred lots in the event that such facilities are not substantially completed within 1077
36 months of the date of the filing of the approved subdivision plat. 1078
1079 E. The Planning Board, upon request of the subdivider, and after a public hearing, may extend 1080
the time limits for such additional periods and upon such conditions as the Planning Board 1081
may reasonably determine. An application for such extension may be made at the time of 1082
filing of the original application or at any time thereafter up to, but no later than, six months 1083
prior to the expiration of the time limits set forth above: 1084
1. The Planning Board shall grant the request for such extension if the Board finds: 1085
(a) The imposition of the time limits set forth above in Subsections B and D would 1086
create significant hardship on the subdivider; and 1087
(b) There has not been a significant change in zoning, subdivision, engineering, 1088
environmental, or other relevant review requirements or standards since the initial 1089
approval or any subsequently granted extensions. 1090
2. For the purposes of this section, a "significant hardship" includes, but is not limited to: 1091
(a) A significant economic loss that the subdivider would suffer if an extension were not 1092
granted; or 1093
(b) The subdivider's inability to timely proceed because of: 1094
[1] A generally adverse economic climate; or 1095
[2] The subdivider's own economic circumstances have changed detrimentally; or 1096
[3] An adverse event or events in the subdivider's personal affairs. 1097
1098
F. In the event of any termination of subdivision approval pursuant to these provisions, the 1099
Planning Board or Director of Planning shall cause a notice of such termination to be 1100
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Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations
delivered personally to the subdivider, or forwarded by certified mail, return receipt 1101
requested, to the subdivider at the last address for the subdivider on file at the Town of 1102
Ithaca Planning Department and shall cause a copy of such notice, together with an 1103
affidavit of service (personally or by mail) to be recorded in the Tompkins County Clerk's 1104
Office in Miscellaneous Records or other appropriate location. 1105
1106
G. Nothing in this section is intended to alter the effect of Town Law § 265-a on lots in a 1107
subdivision when zoning is changed to increase lot sizes or other requirements thereby 1108
rendering an existing subdivision's lots nonconforming. 1109
1110 H. In a regulating plan area for traditional neighborhood development (TND), New 1111
Neighborhood Code rules for expiration of subdivision approval apply. (Preliminary plat: § 1112
272-703.4.1; final plat: § 272-703.4.2.) 1113
1114
§ 234-41. (Reserved) 1115
1116
Article XI. Supersession 1117
1118
§ 234-42. Supersession. 1119
Pursuant to NYS Municipal Home Rule Law § 22, the Town hereby states that its intent is to 1120
supersede all contrary provisions of New York State Town Law, including, but not limited to, the 1121
following: 1122
1123
A. Town Law § 276, Subdivision 4’s definition of subdivision, and Subdivisions 7(c) and 11 (to 1124
the extent the Town has added additional or different expiration and extension provisions); 1125
1126
B. Town Law § 277, Subdivision 2 (to the extent that the Town has added more requirements), 1127
and Subdivision 7 (to extent the Town has added a different waiver standard applicable to 1128
application submissions); and 1129
1130
C. Town Law § 278, Subdivisions 2(a) and 3(a) (to the extent the Town has altered the 1131
Planning Board’s discretion as to whether to allow a cluster subdivision), Subdivision 3(c) 1132
(to the extent the Town has altered the Planning Board’s discretion regarding conditions on 1133
the ownership, use, and maintenance of open lands shown on a plat) and Subdivisions 2 1134
and 3 (to the extent the Town has added different and additional procedures and standards 1135
related to cluster subdivisions). 1136
1137