HomeMy WebLinkAbout1993 Zoning Ordinace IIZoning Or.1, wpSllzon, 1127193
6. In addition to the landscaping, screening, fencing and buffer requirements set forth
above, additional landscaping, fencing, screening, or earth berm may be required to be
provided in any area where the proposed structure or use would create a hazardous
condition or would detract from the value of neighboring property if such landscaping,
fencing, screening, or berm were not provided.
7. Height: No building shall exceed thirty-four (34) feet in height from lowest interior
grade nor thirty (30) feet in height from lowest exterior grade, and no other structure
shall exceed thirty (30) feet in height, except by Special Approval from the Board of
Zoning Appeals after the matter has been referred to the Planning Board for
recommendation.
SECTION 50-a. Site Plan Approvals. No building permit shall be issued for a building within
an Industrial District unless the proposed structure is in accordance with a site plan approved
pursuant to the provisions of Article IX.
51
Zoning Or.], wpSllzon, 1127193
ARTICLE XI
AGRICULTURAL DISTRICTS
SECTION 51. Use Regulations. In Agricultural Districts buildings and land may be used only
for any lawful farm purpose, for a riding academy or for any use permitted in a Residence
District R30. Other provisions of this ordinance notwithstanding, the following uses or activities
shall not be permitted nearer to any Residence District than the following specified distances:
1. Establishment for the raising of fur -bearing animals - 1,000 feet.
2. Animal hospital, kennel, or place for the boarding of animals - 1,000 feet.
3. In agricultural districts, no non-agricultural building shall exceed thirty-four (34) feet
in height from lowest interior grade nor thirty (30) feet in height from lowest exterior
grade and no other non-agricultural structure shall be erected or extended to exceed thirty
(30) feet in height.
SECTION 51A. Radio Transmission Towers.
In addition to the uses provided in Section 51, Radio Transmission Towers may be constructed
and maintained in Agricultural Districts subject to the provisions of this section.
1. A Radio Transmission Tower, as used in this section, shall be a radio tower transmitting
radio broadcasting signals, operated by a commercially operated radio broadcasting
station, and licensed by the Federal Communications Commission.
2. No building permit shall be issued for the construction, operation and maintenance of
such a tower except by special permission of the Board of Appeals after receiving an
advisory opinion or recommendation from the Town Planning Board, in accordance with
the following procedures.
3. FILING APPLICATION AND PLANNING BOARD PROCEDURE.
a. The applicant will submit a written application for such a permit with. the Building
Inspector (or such other person as may be designated by the Town Board). The
applicant will submit such information and documents as the Building Inspector
(or any other officer or Town agency having jurisdiction) may require. Included
in these documents must be a development plan and copies of all documents
submitted by the applicant to the Federal Communications Commission or any
other governmental agency having jurisdiction. The Building Inspector will not
be required to proceed under this law, until an application is complete.
52
Zoning Or.1, wp5llzon, 1127193
b. As soon after the applicant has filed all documents and supplied all the
information required by such Officer, but not later than 30 days from the date a
completed application is filed, the Officer shall file such application and all other
documents with the Clerk of the Planning Board, who shall place the application
on the agenda for the next meeting of the Planning Board. The application shall
be reviewed at such meeting and the Chairman shall set a date for a public
hearing, notice of which shall be (i) posted and (ii) published at least two times
in the official newspaper, the first publication of which shall be at least 10 days
prior to the date set for the hearing and (iii) mailed to owners of property lying
within 1,000 feet of the proposed site and to such other owners of property in the
vicinity of the proposed site as the Chairman of the Board shall determine. It
shall be sufficient if the determination of the ownership is based on the current
assessment roll and assessment map, but the failure to notify all such owners shall
not render defective any action of the Planning Board or the Board of Appeals.
The date of such public hearing shall be within 40 days from the date on which
the completed application was filed with the Clerk of the Planning Board.
1. The Planning Board may at any stage of the proceedings require additional
information, documents or testimony, and may adjourn final consideration
of its recommendation for a reasonable period for the foregoing purpose
and for further study and review, but no more than 60 days after the first
date set for the hearing.
C. Upon the completion of the hearing, and any adjournment thereof, the Planning
Board shall adopt, by resolution, a written recommendation in the nature of an
advisory opinion. Such report may (i) recommend acceptance, or rejection of the
application in full or in part or (ii) acceptance with conditions or (iii) include such
other recommendations or opinions as the Planning Board shall determine.
The report shall also be filed with the Clerk of the Board of Appeals who
shall deliver promptly a copy to each member of such Board.
4. BOARD OF APPEALS PROCEDURE.
a. The Clerk of the ofAeahll (hBoard pplssai) placete application on the agenda
for the next meeting of the Board, and (ii) shall cause a notice to be published in
the official newspaper, at least once giving notice of a public hearing which shall
be held on such day and at such time as the Chairman of the Board shall direct.
Written notice of such hearing shall also be mailed in accordance with the
provisions of Section 3, above (Planning Board Procedures). Such notice shall
be published and posted at least 10 days prior to the hearing and such hearing
53
Zoning Or.], %pSllzon, 1127193
shall be held not later than 40 days following the filing of the Planning Board's
report with the Clerk of the Board of Appeals.
b. The hearing before the Board shall be conducted in accordance with lawful
procedures, as any appeal proceeding before the Board. The hearing may be
adjourned and the Board may request further information and recommendation
from the Planning Board, or may send the application back to the Planning Board
for further review.
C. After the completion of all testimony given at the public hearing and the
submission of all pertinent matters arising out of the application, the Board shall
make its determination by a resolution adopted by a majority vote. Such
determination shall be made and filed within 60 days of the date on which the
first public hearing was held. The applicant shall be notified of the Board's
decision and copies shall be filed with the Town Clerk, the Zoning Officer and
the Clerk of the Planning Board.
5. The Planning Board, in making any report, and the Board of Appeals before rendering
its decision, shall consider the following standards and matters:
(1) The need in the community for the proposed use.
(2) The appropriateness of the proposed site including such matters, among others,
as the following:
a. The availability of alternative sites.
b. The physical features and the general character, present use, and probable
future use of the land in the neighborhood.
C. Is the density of the land in the vicinity such as to warrant the proposed
use?
d. Is the site reasonably adapted for the proposed use?
e. The distance from existing and proposed public rights of way and from
existing residential development; nature of access to and from the site.
f. The adaptability of the site for the proposed use; topography, natural
buffers, screening and fencing.
54
Zoning Or.1, wp5l lzon, 1127193
g. The size of the site chosen for the proposed use. The radio transmission
tower must be located on an unoccupied parcel having an area of sufficient
size that no part of the tower will fall on neighboring property should the
structure collapse and the size shall provide a buffer to other properties in
the neighborhood. The size shall be at least SIX ACRES.
h. Will project regularly cause objectionable odors, noise, glare, vibration,
or electrical disturbance as a result of the project's operation?
(3) The effect of the proposed use on the other properties in the neighborhood and
the enjoyment by the inhabitants of their properties and whether it will materially
affect the value of such properties and the use and enjoyment of such properties
by the occupants and any other effect of such use on the health, welfare and
safety of the occupants of such properties.
6. No building permit shall be issued until final approval has been granted to the applicant
by any County, State and Federal Agency having jurisdiction in the matter and any and
all other permits which may be required have been issued to the applicant.
7. The applicable procedures of the State and Local SEQR Laws shall be complied with.
8. MISCELLANEOUS.
a. The applicant will furnish a typewritten list of all owners of property in the area
to whom notice must be mailed including their address and tax parcel number.
b. Because of the special nature of the proposed use, the applicant shall pay the cost
of publishing the requested notices in the newspaper and the cost of mailing
notices to the owners of other properties as required by this law, in addition to
the fees prescribed for issuance of building permits.
All provisions of the Town's Zoning Ordinance and other applicable laws not
inconsistent with this law shall govern all proceedings.
55
Zoning Or.], xpSllzon, 1127193
ARTICLE XII
NON-CONFORMWG USES
SECTION 52. Continuation of Existing Lawful Uses. Except as provided in Sections 53, 54,
55, 56, 56A, and 73, any lawful use of land or a building or a part thereof, existing at the time
of this ordinance as amended may be continued, although such building or use does not conform
to the provisions thereof.
SECTION 53. Abandonment of Use. A non -conforming use that has been discontinued for a
period of one year shall not be re-established and shall not be replaced by another non-
conforming use. Thereafter the use shall be in conformity with the provisions of this ordinance.
Notwithstanding the foregoing, a non -conforming use that ceases to operate because of a national
emergency or because of temporary government restrictions may be resumed within a period of
one year from the time that such emergency terminates or such restrictions are removed.
SECTION 54. Alterations. No non -conforming building or use shall be extended except as
authorized by the Board of Appeals.
SECTION 55. Changes. A non -conforming use may be changed to another non -conforming
use of the same or more restrictive classification and when so changed to a more restrictive use,
it shall not again be changed to a less restrictive use. The order of the classification of
restrictiveness from the most restrictive to the least restrictive shall be as follows:
Areas of Special Flood Hazard
Residence District R 15
Residence District R30
Residence District R9
Multiple Residence District
Agricultural District
Business District "A"
Business District "B"
Business District "C"
Business District "D"
Business Disiii%t "E"
Light Industrial District
Industrial District
The enumeration of the classification of restrictiveness in this section shall not be interpreted to
mean that a conforming use validly permitted in one district is automatically permitted in a less
restrictive district (e.g., a dry cleaner permitted in a Business District C is not a permitted use
in a Light Industrial District.)
M.
Zoning Or.], wpSllzon, 1127193
SECTION 56. Restoration. Nothing herein shall prevent the continued use and substantial
restoration of a building damaged by fire, flood, earthquake, act of God, act of the public enemy
or catastrophe beyond the control of the Owner provided such restoration is completed within
one year of the loss of the building and provided that the use of the building in the manner in
which it was used prior to the loss is recommenced within one year. The time limit may be
extended by the Board of Appeals in cases of practical difficulty or unnecessary hardship.
SECTION 56A. Amortization of Certain Non -Conforming Uses.
1. Notwithstanding any other provisions of this Ordinance and in an effort to provide for
generally uniform limitations regarding residential occupancy throughout the residential
districts of the Town, the non -conforming occupancies referred to in this section shall
be terminated as set forth below.
2. This section shall apply to residential occupancies in residential districts R5, R9, R15,
R30, Multiple Residence, and any special land use districts which include occupancy of
dwellings as a permitted use.
3. On and after March 1, 2006, notwithstanding whether a valid non -conforming use or
occupancy existed at the time of the enactment of this Zoning Ordinance, or at the time
of any amendment to this Ordinance limiting occupancy, no dwelling unit shall be
occupied except in the manner specifically permitted by the applicable provisions of this
Ordinance and any non -conforming occupancy in a dwelling unit which may have existed
prior to the date of the enactment of this section shall be terminated.
4. The limitations imposed by this section shall not apply to buildings for which variances
from the occupancy requirements of this Ordinance have been granted by the Board of
Appeals, either before or after the enactment of this section.
5. A non -conforming use due to be terminated pursuant to this section may be extended
upon application for a special permit for such extension from the Board of Appeals.
Such permit shall not be granted unless the applicant establishes and the Board of
Appeals finds that, notwithstanding the fifteen year period for amortizing a non-
conforming use provided for in this section, termination of the non -conforming use would
cause serious financial harm to the property owner not balanced of jusd led by the
advantage to the public in terms of more complete and effective zoning accruing from
the cessation of such use. In making this determination the Board shall consider, among
other factors (including the factors set forth elsewhere in this Ordinance relating to the
issuance of special permits or approvals), (i) the nature of the non -conforming use; (ii)
the cost of converting to a conforming use; (iii) the amount of investment that existed in
the property on the date of the enactment of this section; (iv) the detriment caused by the
non -conforming use; (v) the character of the neighborhood; (vi) the ability of the
57
Zoning Or.], xp51lzon, 1/27193
landowner to have amortized the cost of the landowner's investment over the fifteen
years provided between the enactment of this section and the required termination of such
use; and (vii) whether an additional reasonable amount of time is needed by the owner
to amortize the owner's investment. In malting its determination the Board shall
disregard, as irrelevant, any costs for purchase of a non -conforming building or property
or costs to repair, maintain, improve or enlarge a non -conforming property, incurred
after March 1, 1991. If the extension is granted, the Board of Appeals shall set a fixed
additional period for the extension of time before the non -conforming use must be
terminated.
Zoning Or.1, wp511zon, 1127193
ARTICLE XM
GENERAL PROVISIONS
SECTION 57. Existing Lots. Other provisions of this ordinance notwithstanding, nothing shall
prohibit the use for a single family dwelling of a lot of deed record at the time of the passage
of this ordinance, as amended, of less than the required size of lot in any district except an
Industrial District, provided that all other provisions of this ordinance are complied with.
SECTION 58. Building Floor Area. No dwelling in any district shall be erected or altered so
as to provide for less than 600 square feet of net enclosed floor area.
SECTION 59. Trailers. Trailer camps or parks and trailers or mobile homes for occupancy
shall be prohibited in all districts except Residence District R5 and except as follows:
a. One mobile home may be placed on a vacant lot in a residence or agricultural district for
use as temporary housing during the construction of a permanent dwelling on said lot for
a period not to exceed 18 months, unless such period be extended by permission of the
Town Board, provided that said trailer shall be occupied by the owner of record of said
lot.
Said trailer must be removed upon the completion of construction although the 18 month
time limit may not have fully expired.
b. Upon special approval of the Zoning Board of Appeals to be reviewed each year, one
mobile home for each property owner shall be permitted in all agricultural and R30
districts, provided that one of the occupants of said mobile home shall be a full time
agricultural employee of the property owner or a bona fide agricultural student doing
agricultural work for the property owner.
SECTION 59A. Dish Antennae. Free-standing and roof -mounted dish antennae shall be
prohibited from all districts except as follows:
a) In Residential Districts R9, R15, and R30, and Agricultural Districts, a free-standing
dish antenna with a diaiiieter or height of iJ feet or less shall be considered a permitted
accessory building and subject to all applicable yard and height requirements.
b) In all other zoning districts, free-standing or roof -mounted dish antennae with a diameter
of less than six (6) feet are permitted. In such districts such antennae with a diameter
of six feet or more may be permitted following site plan review by the Planning Board.
In the site plan review, the Planning Board shall consider:
59
Zoning Or.1, xpSlIzon, 1127193
i) the aesthetic effect of such antenna and the effect on neighborhood property
values;
ii) the accessibility of the particular property to commercial cable television service;
iii) the location of the property and its effect on the physical effectiveness of the dish
antenna;
iv) landscaping, berming and buffering.
c) Except as permitted as part of the site plan approval in the preceding paragraph, no dish
antenna may exceed 15 feet in height when measured vertically from the highest exposed
point of the antenna, when positioned for operation, to the bottom of the base which
supports the antenna.
d) No dish antenna may be located on any portable device, including a trailer, designed
principally for the transportation of such dish antenna. However, a portable or trailer -
mounted antenna may be placed on a lot by an antenna installer for a period not to
exceed one week for the purpose of determining the most acceptable place for a
permanent installation.
e) A dish antenna located on a building within 200 feet of an R9, R15, or R30 zone shall
not exceed 6 feet in height above the roof height at the building line.
f) The installation of all roof -mounted dish antennae must be certified by a registered
architect or professional engineer.
g) No such antenna or device shall be abandoned unless the owner removes same from the
premises and restores the surface of the ground to its original grade and approximately
the same condition as before the antenna or device was installed.
h) Applicability. Regulations on dish antennae apply to all types of installations, such as:
i) Dish antennae serving more than one user on a single lot, such as apartments in
an apartment complex, mobile homes in a mobile home park, or separate business
establishments in a single business building;
ii) Dish Antennae operated by commercial, regulated cable systems;
iii) Dish antennae which serve one user on one lot.
SECTION 60. Junk or Salvage Yards. Any area used for the processing, storage, or sale of
rags, scrap paper, scrap metal, or junk, including automobile salvage yards or used automobile
parts or building materials salvage yards shall be completely enclosed by a substantial and solid
fence with openings only for ingress and egress. Such fence shall be at least 6 feet high and
shall be no nearer than 25 feet from any public highway right of way line. There shall be no
Zoning Or.1, wpSllzon, 1127193
storage outside the fence. Any such junk yards existing at the time of enactment of this
ordinance shall comply with these requirements within one year of such date.
SECTION 61. Front Yard Transition. Where an Industrial District abuts a Residence District
on a street line, there shall be provided for a distance of 50 feet from the district boundary line
into such Industrial District, a front yard equal in depth to one-half the required front yard in
the Residence District.
SECTION 62. Side Yard on Corner Lot. On a corner lot in a Residence or Business District
the yard width on the side street shall be at least one-half the required front yard for adjoining
properties on the side street, but in no event less than 10 feet.
SECTION 63. Side and Rear Yard Transition. On every lot in a Business or Industrial District
that abuts directly on a Residence District, there shall be provided a yard of at least 25 feet in
width on such lot along the line or lines where it abuts such Residence District.
SECTION 64. Porches and Carports. In determining the percentage of building coverage or
the size of yards for the purpose of this ordinance, porches and carports, open at the sides but
roofed, shall be considered a part of the building.
SECTION 65. Fences and Walls. The provisions of this ordinance shall not apply to fences,
or walls not over 6 feet high above the natural grade, nor to terraces, steps, unroofed porches,
or other similar features not over 3 feet high above the level of the floor of the ground story.
SECTION 66. Projections in Yards. Every part of a required yard shall be open from its
lowest point to the sky unobstructed, except for the ordinary projection of sills, belt courses,
pilasters, leaders, chimneys, cornices, eaves and ornamental features, provided that no such
projection may extend more than 2 feet into any required yard.
Bays including their cornices and eaves, may extend not more than 2 feet into any required yard
provided that the sum of such projections on any wall shall not exceed one-third the length of
such wall.
An open fire balcony or fire escape may extend not more than 4 feet into any required yard.
SECTION 67. Reduction of Lot Area. Whenever a lot upon which stands a building is
changed in size or shape so that the area and yard requirements of this ordinance are no longer
complied with, such building shall not thereafter be used until it is altered, reconstructed or
relocated so as to comply with these requirements. The provisions of this Section shall not apply
when a portion of a lot is taken for a public purpose.
61
Zoning Or.], %pS11zon, 1127193
SECTION 68. More than One Building on a Lot. Other than in a multiple residence district,
there shall not be more than one principal building on any lot in any residential district. When
there is more than one principal building on a lot in any non-residential district or in a multiple
residence district, the space between such buildings must be at least equal to the sum of the side
yards required by such buildings or the sum of the rear and the front yards as the case may be.
In an agricultural district, where a lot is used or occupied primarily for non-agricultural
purposes, there shall not be more than one principal building on such lot. In an agricultural
district where a lot is used primarily for agricultural purposes, there shall be no more than one
principal building for each 30,000 square feet of lot area and no more than one non-agricultural
principal building (e.g. a residence as opposed to a barn) on each 30,000 square feet of lot area.
SECTION 69. Parking Facilities. Every building housing or designed to house more than 2
families shall provide in connection with it and on the same lot garage space or off-street parking
space for automobiles equivalent to the number of dwelling units provided in such dwellings.
No automobile parking area shall be included in any front yard, except for a lot with a single
dwelling, housing not more than 2 families.
The following uses shall be provided with off-street parking facilities:
1. School or other educational institutions - 2 spaces for each class room.
2. Hospital. sanitarium or nursing or convalescent home - 1 space for each 2 beds.
3. Medical clinic - 4 spaces for each doctor, or for each office in which a medically -trained
person is regularly in attendance, whichever figure is larger.
4. Rooming house or tourist house - 1 space for each room offered to rent.
5. Fraternity or sorority house or membership club - 1 space for each 4 beds, or one space
for each 5 members, whichever figure is larger.
SECTION 70. Extraction or Deposit of Fill and Related Products.
1. In any district no more than 50 cubic yards of fill, sod, loam, sand, gravel, stone or
similar materials (hereinafter referred to collectively as "fill") shall be deposited or
removed or offered for sale in any one year, except in connection with a public work on
the property or the removal of silt or other recently accumulated material that blocks a
normal flow of a water course, without the special approval of the Board of Appeals.
2. In applying for such approval, the applicant shall submit to the Board a plan of the
proposed project, showing property lines, and adjacent public ways, grades and depths
of proposed deposit or removal, soil types or fill types to be deposited or removed,
erosion control during and after construction, projected duration of project, proposed
regrading and replanting of the property upon completion of the operation, and such
other items as the Board or Town Engineer may require to adequately review the
proposed project.
62
Zoning Or.], wpSllzon, 1177193
3. The Board shall not act until the Town Engineer has reviewed such plan and advised the
Board that in his professional opinion the plan adequately protects the property and
surrounding properties from significant adverse consequences of such deposit or removal,
including, when completed, adverse drainage, erosion, visual or other adverse impacts.
Before issuing a special approval, the Board shall make the same findings as are required
for the Engineer's opinion. In considering the proposed use the Board shall take into
account the distance of the operation from neighboring property and public ways, the
possible detriment of such use to the future development of the land in question, and
significant nuisance or detriment of the operation to neighboring landowners and to the
community as a whole.
4. The Board may impose such conditions upon the applicant as it deems necessary to
protect the general welfare of the community, which may include a time limit upon
operations, standards for performance, and the requirement that a performance bond be
posted to insure compliance with the requirements of this ordinance and with any further
reasonable conditions imposed by the Board.
5. In the event that the proposed movement of material involves the deposit or extraction
of more than 2,500 cubic yards, the matter shall first be referred to the Planning Board
for its recommendation before the Board of Appeals makes its final decision.
6. In the event that the proposed movement of fill involves the deposit or extraction of less
than 250 cubic yards, the Town Engineer may grant written approval provided that the
Engineer determines, before issuing the approval that the proposed plan
(a) Provides for appropriate erosion control during and after construction;
(b) Protects against adverse drainage on the subject property and surrounding properties;
(c) Provides for appropriate revegetation when necessary;
(d) Provides for appropriate slope controls; and
(e) Does not adversely affect properties surrounding the designated site both during and
after remv^`Jai Vr ULFVslL Vf the 1M.
The Town Engineer may impose such conditions upon the applicant as the Engineer
deems necessary to protect the general welfare of the community, which may include a
reasonable time limit upon operations, reasonable standards for performance, and the
requirement that a performance bond or other security in a reasonable amount be posted
to insure compliance with the requirements of this Ordinance and with any further
reasonable conditions imposed by the Engineer.
63
Zoning Or.], wp514zon, 1 /27193
7. The following are excepted from the requirements set forth above:
(a) Any normal building operation in connection with a legal building permit, such as
excavation, filling, or grading, shall be excepted from the provisions of this Section
provided, however, that this exception shall apply only where the total amount of
material moved from one place to another place on the construction site is less than 700
cubic yards and where the total amount of material removed from the construction site
to an off -site location (or brought to the construction site from an off -site location) is less
than 500 cubic yards. For the purpose of this section a "construction site" consists of
the larger of the following areas:
(i) an area of 30,000 square feet in which the proposed construction is to be
located; or
(ii) the area contained within the footprint of the proposed structure plus an
additional 50 feet adjacent to the perimeter of the proposed structure.
(b) Removal or deposit of fill in connection with the construction of a septic field or
septic system on an individual lot pursuant to a permit obtained from the Tompkins
County Health Department.
(c) Removal or deposit of fill in connection with construction in accordance with a site
plan approved by the appropriate Town authority (e.g. Town Board, Town Planning
Board or Zoning Board of Appeals) provided that such construction occurs within three
years of the final approval of such authority or by December 31, 1992, whichever is
later. Notwithstanding the foregoing, as to any site plan approvals granted on and after
January 1, 1992, if fill is being removed to or from another site in the Town, and if the
plans for the removal from, or deposit on, such other site were reviewed by the Town
Engineer and the Board granting such approval was advised of the results of such review
and specifically included the proposed disposition of such fill in its approval, no further
approval under this section 70 shall be required provided the construction occurs within
the time limits set forth above. If the disposition of fill was not specifically approved
by the applicable Board in connection with any such post December 31, 1991 approvals,
this exception shall not apply and the applicant shall be required to obtain special
approval for the deposit or removal of fill relative to such other site In accordance with
the terms of this Section 70.
(d) Removal, movement, or deposit of not more than 500 cubic yards of fill in an
Agricultural Zone in any three year period in conjunction with one or more bona fide
agricultural uses.
Zoning Or.1, wpSllzon, 1/77193
(e) Removal or deposit of fill in connection with construction of roads and other
facilities in a subdivision approved in accordance with the requirements of the Town of
Ithaca Planning Board provided, however, that
(i) plans for such construction showing in sufficient detail the proposed removal
and/or deposit of fill (including, when removal from or deposit on to an off -site
location is contemplated, adequate plans of such off -site location showing the
required information relative to the disposition or removal of fill to or from same)
were submitted to the Planning Board and approved by the Town Engineer in
conjunction with the subdivision approval; or
(ii) the Planning Board expressly waived the requirement of submission of such
drawings and the total amount of fill to be either deposited or removed is less
than 500 cubic yards.
(f) Removal or deposit of fill in connection with construction of roads and other facilities
in a subdivision approved on or before January 1, 1992, in accordance with the
requirements then in effect of the Town of Ithaca Planning Board provided such removal
or fill occurs no more than three years after the granting of final subdivision approval
by the Town Planning Board or before December 31, 1992, whichever date is later.
SECTION 71. Public Garages and Gasoline Sales Stations.
1. No part of any building used as a public garage or gasoline service station and no filling
pump, lift or other service appliance shall be erected within 25 feet of any Residence
District or in any required side yard.
2. No gasoline or oil pump, no oiling or greasing mechanism and no other service appliance
installed in connection with any gasoline sales station or public garage shall be within 15
feet of any street line or highway right of way line, and when so installed shall not be
a violation of front yard requirements specified elsewhere in this ordinance.
SECTION 72. Approval of County Health Department. No building permit, trailer permit, or
certificate of occupancy issued under the terms of this ordinance shall become or remain valid
unless the holder therPpnf nmm-n1;Pr1 •■ +h "i1Po and rnr.„1 4ir�nn r.f Ft,o T., L:., t Tr lit,
vv...yaavas ..�.. .u.w aai�a a�.F,ulauvlw of the 1vmpl plans Coun y 1fealul
Department under the terms of the County Sanitary Code. Where minimum lot sizes are
specified in this Ordinance, the same shall be subject to the approval of the Tompkins County
Health Department or any successor agency, and if such Department or successor requires larger
lots to comply with the County Sanitary Code, the requirements of such Department or successor
shall govern.
65
Zoning Or.1, wp511zon, 1127193
SECTION 73. Abandoned Cellar Holes and Buildings. Within one year after work on any
excavation for a building has begun, any excavation for a building shall be covered over or
refilled by the owner to the normal grade. Any building substantially destroyed by any cause
shall be rebuilt or demolished within one year. Any excavation or cellar holes remaining after
the demolition or destruction of a building from any cause shall be covered over or filled by the
owner within one year.
Zoning Or.1, xpSllzon, 1/77193
ARTICLE XIV
ADNIINISTRATION
SECTION 74. Enforcement. This ordinance shall be enforced by a person designated by the
Town Board who shall in no case, except pursuant to written order of the Board of Appeals,
grant any building permit or certificate of occupancy for any building or premises where the
proposed construction, alteration or use thereof would be in violation of any provision of this
ordinance.
SECTION 74E. Applications for Approvals, Remedies or .Relief. Every applicant for any
approval, remedy or any other relief under this Article or any other Article of this Zoning
Ordinance shall disclose the information required by Section 809 of the General Municipal Law.
SECTION 75. Permit to Build. No principal building or accessory building, nor any other
structure, including but not limited to, tanks, power and pump stations, swimming pools, and
signs (except as permitted by the Town of Ithaca Sign Law), in any district, shall be begun,
erected, constructed, enlarged, improved, renovated, repaired, or altered, without a permit to
build, issued by the person designated by the Town Board, except that no building permit shall
be required for:
1. Repairs, alterations, or renovations to existing buildings provided that the repairs,
alterations, or renovations:
(a) cost less than $10,000.00;
(b) do not materially affect structural features of the building;
(c) do not affect fire safety features such as smoke detectors, sprinklers, required fire
separations and exits;
(d) do not involve the installation or extension of electrical, plumbing, or heating
systems; and
(e) do not include the i na+Laiiatioii of sVlld fuel UU111iilg liea ing appliances and associated
chimneys and flues.
2. An accessory building in an agricultural or residential district, provided that such
building:
(a) costs less than $3,000.00;
67
Zoning Or.1, wpSllzon, 1177193
(b) is less than 12 feet in height;
(c) does not involve the installation or extension of electrical, plumbing, or heating
systems; and
(d) does not include the installation of solid fuel burning heating appliances and
associated chimneys and flues.
3. Parking spaces in R5, R9, R15, R30, and agricultural districts provided that such parking
spaces cost less than $10,000.00.
This waiver of the permit to build requirement for alterations, accessory buildings, and parking
spaces shall in no case relieve the property owner from compliance with other provisions of this
ordinance or of the New York State Uniform Fire Prevention and Building Code, or any
successor ordinances or statutes.
No permit to build shall be issued except pursuant to written order of the Board of Appeals,
where the proposed construction, alteration, or use would be in violation of any provision of this
Ordinance. No such permit shall be issued, except pursuant to written order of the appropriate
authority granting variances where the proposed construction, alteration, or use would be in
violation of any provision of the New York State Uniform Fire Prevention and Building Code
or any successor statute.
Every application for a building permit shall state in writing the intended use of the building and
shall be accompanied by a plot plan with all dimensions shown indicating the size and shape of
the lot and buildings.
Every such application for a building permit shall also contain additional information such as the
intended number of occupants, the number of rooms, statement as to whether any portion will
be occupied by the owner or will be leased, and such application shall be accompanied by an
interior plan showing number and layout of rooms, and such application and such plan shall
contain such additional information as may be reasonably required by the Town Building
Inspector or other officer authorized to issue such permit or as may be required from time to
time by the Town Board.
Zoning Or. 1, wpSllzon, 1127193
Every application for a building permit shall be accompanied by a fee computed on the basis of
the value of the improvement to be constructed as follows:
Value of Improvement
Fee
$ 1- $ 5,000
$ 20.00
5,001- 10,000
30.00
10,001- 20,000
45.00
20,001- 30,000
65.00
30,001- 40,000
85.00
40,001- 50,000
100.00
50,001- 150,000
250.00
150,001- 250,000
350.00
250,001- 500,000
500.00
500,001- 1,000,000
750.00
1,000,001- 2,500,000
1,000.00
2,500,001- 5,000,000
2,000.00
5,000,001-10,000,000
3,000.00
10, 000, 001-20, 000, 000
4,000.00
20,000,001 and over
5,000.00
Unless there has been substantial progress in the work for which a building permit was issued,
said building permit shall expire one year from the date of issue.
f SECTION 76. Certificate of Occupancy. A Certificate of Occupancy shall be required for all
work for which a building permit is required to be issued under this Ordinance or under any
other Ordinance or Local Law of the Town of Ithaca or under the New York State Uniform Fire
Prevention and Building Code or any successor statute. Further, a Certificate of Occupancy
shall be required for all buildings which are converted from one general occupancy classification
to another and such classifications are defined in part 701 of Title 9 of the Official Compilation
of Codes, Rules and Regulations of the State of New York, or any successor rules or
regulations. The issuance of building permits and Certificates of Occupancy shall be governed,
in addition to the requirements of this Ordinance, by the requirements of the New York State
Uniform Fire Prevention and Building Code, the rules and regulations promulgated thereunder,
.and a^y similar or successor statute$, gild 111 al.l:Vrdarll'.e with the requlreme�-lts of any lili+VJ,
ordinances, rules or regulations of the Town of Ithaca including, without limitation, Local Law
No. 1 of the year 1981 as the same has been subsequently amended. The fee for the issuance
of a Certificate of Occupancy shall be $50.00.
SECTION 76-A. Fees for Use Permits, Operating Permits, and Inspections.
Zoning Or.1, %p5llzon, 1177193
1. The fee for a Use Permit issued pursuant to Local Law No. 1 of the year 1981 as the
same has been subsequently amended is $25.00.
2. The fees for the issuance of an Operating Permit required pursuant to Local Law No. 1
of the year 1981 as the same has been subsequently amended shall be as follows:
(a) Fees for uses other than
multiple residences $100.00
(b) Fees for multiple residences
shall be as follows:
(i) Three to five dwelling
units in each building 50.00 per
building
(ii) Six to ten dwelling units
per building 100.00 per
building
(iii) Eleven dwelling units or
more per building 150.00 per
building
3. The fees for other inspections by the Building Inspector and Zoning Enforcement Officer
required by State law or other regulation, such as required annual inspections of areas
of public assembly, shall be $25.00 per inspection.
SECTION 77. Board of Appeals. There is hereby established a Board of Appeals which shall
function in the manner prescribed by law (except as the Town Law is superseded as set forth
below).
1. There shall be five members of the Board of Appeals. The members of the Board of
Appeals shall be residents of the Town of Ithaca and shall be appointed by the Town
Board to serve for terms as prescribed by law. Vacancies occurring in said Board by
expiration of term or otherwise shall be filled in the same manner. No person who is a
member of the Town Board shall be eligible for membership on the Board of Appeals.
2. The Town Board shall designate the Chairperson of the Board of Zoning Appeals. The
Board of Zoning Appeals shall choose its own Vice -Chairperson who shall preside in the
absence of the Chairperson. In the absence of both the chairperson and vice -chairperson,
the Board of Appeals shall choose one of its number as acting chairperson. Such
70
Zoning Or.1, wpH L-on, 1127193
chairperson, or the party acting as chairperson in the chairperson's absence, may
administer oaths and compel the attendance of witnesses. The Board of Appeals may
appoint a secretary who shall take minutes of all its meetings and keep its records.
3. The Board of Appeals shall adopt from time to time such rules and regulations as it may
deem necessary to carry into effect the provisions of this ordinance and all its resolutions
and orders shall be in accordance therewith.
4. Any person aggrieved by any decision of any officer of the Town charged with the
enforcement of this ordinance may take an appeal to the Board of Appeals.
5. The Board of Appeals shall, in accordance with the provisions of this Ordinance and in
accordance with the provisions of Town Law Sections 267 et. seq. (except as the same
are superseded by the provisions of this Ordinance) hear and determine appeals from any
refusals of a building permit or certificate of occupancy by the person designated by the
Town Board, or review any order or decision of said person where such order or
decision is based upon the requirements of this ordinance.
6. The Board of Appeals, on appeal from the decision or determination of the Town
Building Inspector and Zoning Enforcement Officer, shall have the power to grant use
and area variances (as the same are defined in Town Law Section 267).
(a) AREA VARIANCES. In addition to any other requirements set forth in this
Ordinance, the Board of Appeals, in determining whether to grant an area variance shall
consider all of the matters set forth in Town Law Section 267-b including specifically the
considerations set forth in Section 267-b 3 (b) and (c).
(b) USE VARIANCES.
(i) In addition to any other requirements set forth in this Ordinance, no use
variance shall be granted unless the applicant shall show that applicable zoning
regulations have caused unnecessary hardship. In order to prove such
unnecessary hardship the applicant shall demonstrate to the Board of Appeals that
(A) Under applicable zoning regulations the applicant can not obtain a
reasonable economic return from the property in question, which
insufficient return must be established by competent financial evidence;
(B) The alleged hardship relating to the property in question is unique,
and does not apply to a substantial portion of the district or neighborhood;
71
Zoning Or.1, xpSl tzon, 1127193
(C) The requested use variance, if granted, will not alter the essential
character of the neighborhood; and
(D) The alleged hardship has not been self-created.
(ii) The foregoing criteria are intended to supersede, in accordance with Municipal
Home Rule Law Section 10 1 (ii) d (3), the criteria for granting use variances set forth
in Town Law Section 267-b 2 (b) and in particular the requirement that to obtain a use
variance the applicant must demonstrate that the applicant is deprived of all economic use
or benefit from the property.
(iii) All other criteria and provisions contained in Town Law Sections 267 et. seq.,
except the requirement that the applicant demonstrate that the applicant is deprived of all
economic use or benefit from property, are applicable to use variances in the Town of
Ithaca.
7. The Board of Appeals shall also hear and decide all matters referred to it or upon which
it is required to pass by the terms of this ordinance. In deciding such matters referred
to it by the terms of this ordinance and in granting special approval the Board of Appeals
shall determine that:
(a) The health, safety, morals and general welfare of the community in harmony with
the general purpose of this ordinance shall be promoted, except that as to all public
buildings and educational buildings wherein the principle use is research, administration,
or instruction, the same shall be presumed to exist.
(b) The premises are reasonably adapted to the proposed use, and that such use, except
as to public and educational buildings, will fill a neighborhood or community need.
(c) The proposed use and the location and design of any structure shall be consistent
with the character of the district in which it is located.
(d) The proposed use shall not be detrimental to the general amenity or neighborhood
character in amounts sufficient to devaluate neighboring property or seriously
inconvtwe nelghboling inhabitants.
(e) The proposed access and egress for all structures and uses shall be safely designed.
(f) The general effect of the proposed use upon the community as a whole, including
such items as traffic load upon public streets and load upon water and sewerage systems
is not detrimental to the health, safety and general welfare of the community.
72
Zoning Or.1, wpSllzon, 1177193
(g) Lot area, access, parking, and loading facilities are sufficient for the proposed use.
(h) Natural surface water drainageways are not adversely affected.
8. In granting variances or special approvals or special permits the Board may impose upon
the applicant such reasonable conditions as are directly related to and incidental to the
proposed use of the property or the period of time such variance or special approval or
permit shall be in effect. Such conditions shall be consistent with the spirit and intent
of the zoning ordinance or local law, and shall be imposed for the purpose of minimizing
any adverse impact such variance, approval or permit may have on the neighborhood or
community.
9. Where the terms of this Ordinance require a matter to be referred to the Planning Board
for a recommendation before action is taken by the Board of Appeals, the Board of
Appeals shall not hear the matter unless and until the Planning Board has reviewed the
matter and recommended the action affirmatively. The Planning Board shall act within
60 days of receipt of the application. Failure to act within such time period shall be
deemed an affirmative recommendation unless the time to act is extended with the
applicant's consent. In the event the Planning Board recommends affirmatively, but with
conditions, the approval of the Board of Appeals shall include the Planning Board's
conditions, plus any additional conditions the Board of Appeals deems necessary.
10. Unless work has commenced in accordance with the variance or special approval given
by the Board of Appeals within one year from the issuance of the building permit
authorizing such work, or within eighteen months of the granting of such variance or
special approval, whichever is earlier, not only the building permit but the variance or
special approval shall expire and the permissible uses and construction on the property
shall revert to those in effect prior to the issuance of such special approval or variance.
SECTION 78. Planning Board Recommendations. In making recommendations to the Town
Board and the Board of Appeals, the Planning Board shall determine that:
1. There is a need for the proposed use in the proposed location.
The exictino and nrnhahla f„t„ra character ^f 41,n nn;r.l,i, .rl,.....a w; .t. �� 1. .
• b au tr+ V ---- V1lVl LIlV 11L.1�llu 111VV11 In V�111V11 LLIG LLSG is LV UG
located will not be adversely affected.
3. The proposed change or use is in accordance with a comprehensive plan of development
of the Town.
In addition, when making recommendations to the Board of Appeals with regard to special
approvals, the Planning Board shall
73
Zoning Or.1, wpSllzon, 1127193
4. Make the same determinations as are required of the Board of Appeals pursuant to
Section 77, subdivision 7 of this Ordinance; and
5. Be empowered to recommend such reasonable conditions as the Planning Board deems
necessary to protect the general welfare of the community.
SECTION 78-A. Posting of Notices. In addition to any other notice required by law, a public
notice shall be posted by the applicant on the property that is the subject of certain applications
as set forth in this section.
1. The sign shall be so posted in the following circumstances:
(a) If a variance, special approval, special permit, or determination is being sought from
the Zoning Board of Appeals and the matter is not required to be heard by the Planning
Board before action by the Zoning Board of Appeals, the notice shall be posted before
the initial Zoning Board of Appeals public hearing on the matter.
(b) If a variance, special approval, special permit, or determination is being sought from
the Zoning Board of Appeals but a recommendation relating to such action must first be
received by the Board of Appeals from the Planning Board before the Zoning Board of
Appeals determines the matter, the notice shall be posted prior to the first Planning Board
public hearing on the matter.
(c) If a subdivision or site plan approval is being sought from the Planning Board, the
notice shall be posted before the first Planning Board public hearing on the application.
(d) If the application is for rezoning of a parcel or parcels of land in conjunction with
a proposed development on same a notice shall be posted and it shall be posted prior to
the initial Planning Board hearing on the proposed rezoning. If the rezoning is a
rezoning generally of the neighborhood independent of a particular application for a
particular project, or is a rezoning of an area of more than 300 acres, there shall be no
posting requirement unless the Town Board directs such posting. In such event the Town
Board may designate the location and frequency of such posting, which may be different
than otherwise required hereunder.
2. The posting shall occur at least 14 and not more than 30 days before the first meeting
of the Board at which the matter is to be heard as set forth above.
3. The sign shall be posted in a location clearly visible from the roadway at or near the
center of each of the property lines of the property under consideration which property
line fronts on an existing public or private roadway. If the road frontage exceeds 1,000
feet, signs shall be posted at 500 foot intervals along the frontage. When the Town
74
Zoning Or.1, wp51Izon, 1127193
Planner or Town Building Inspector and Zoning Enforcement Officer finds that the
particular circumstances of an application warrants more signs than required by this
provision, the applicant shall post such additional signs as may be directed by either of
such officers.
4. Such signs shall be continuously maintained by the applicant and displayed facing the
roadway until final action has been taken by the Board involved approving or denying
the application or appeal, or until the application is withdrawn. Signs shall be removed
within 15 days of the final action or withdrawal of the application.
5. The required signs shall be obtained from the Town Planner, Town Building Inspector
and Zoning Enforcement Officer, or Town Clerk and shall contain the information set
forth on the form of sign supplied by the Town. There shall be no fee for the first sign.
If additional signs are required the applicant shall pay a non-refundable fee for each
subsequent sign or replacements thereof. The fee shall be $3.00 per sign.
6. Failure to post or maintain the signs as provided in this section shall not be a
jurisdictional defect and any action taken by any Board in connection with the application
shall not be nullified or voidable by reason of the failure to comply with this section.
However, the failure to post or maintain the sign may be grounds, should the Board
involved in its discretion so determine, to deny the application sought or to decline to
hear the matter at the scheduled meeting date by reason of the failure to have the
appropriate signs installed and/or maintained. The appropriate Board may, on good
cause shown, waive the requirement of the posting of signs as called for by this section.
SECTION 79. Violations and Penalties. Pursuant to Section 268 of the Town Law any person,
firm, corporation or other entity violating any provision of this Ordinance or any provision of
the subdivision regulations of the Town of Ithaca shall be deemed guilty of an offense and upon
conviction thereof shall be subject to a fine or to imprisonment as provided in Section 268.
Each week's continued violation shall constitute a separate offense.
Notwithstanding any other provisions of this Ordinance or the subdivision regulations of
the Town of Ithaca, the Planning Board may refuse preliminary or final subdivision approval to
a subdivision as long as the subdivider, or any person or entity under the control of or controlled
by the c,}►i;.,,ider IS III deiaiiit III Me perivriiian%e Of any actions required of them pursuant t0
J uuvua ,
law or pursuant to conditions imposed in connection with a previously approved subdivision in
the Town of Ithaca.
SECTION 80. Amendments. This ordinance may be amended as provided by law.
SECTION 81. Validity. The invalidity of any section or provision of this ordinance shall not
invalidate any other section or provision thereof.
75
Zoning Or.1, wp511zon, 1127193
SECTION 82. When Effective. This ordinance shall be in force and effect immediately upon
adoption and publication as provided by law.
SECTION 83. Existing Zoning Ordinance Amended, Re -Adopted and Re -Enacted. The
existing Zoning Ordinance of the Town of Ithaca, New York, as amended, adopted October 25,
1954, is hereby re-enacted, re -adopted and amended. This re -adoption and re-enactment and the
adoption of any amendment shall not affect any pending or prevent any future prosecution of or
action to abate any violation existing at the time this Ordinance as re -adopted, re-enacted and
amended, if the use is in violation of the provisions of this ordinance as re -adopted, re-enacted
and amended. Nothing herein shall be deemed to change the status of non -conforming uses
created by virtue of the Zoning Ordinance adopted October 25, 1954, as amended, if such uses
remain non -conforming under the provisions of this Ordinance, as re -adopted, re-enacted and
amended.
SECTION 84. Fees.
1. Miscellaneous provisions.
(a) The Town Board, Planning Board, or Zoning Board of Appeals, as applicable, shall
hold no public hearing nor take any action to endorse or approve any application until
all applicable fees and, reimbursable costs have been paid to the Town with receipt
therefor provided to the respective Board except if costs are deposited in escrow as
hereinafter set forth, action may commence unless the amount in escrow is found to be
inadequate and the applicant has not replenished the escrow account. In that event further
action by any board shall be suspended until the applicant has deposited the appropriate
amount back in the escrow account.
(b) Fees shall be calculated by the Building Inspector, Town Planner, Town Clerk, or
by the Deputy Town Clerk associated with the Engineering, Planning, and
Building/Zoning Department. When an escrow deposit is required, if there exists any
question as to the required amount of escrow, the officer collecting the fees shall consult
with the Town Engineer, whose calculation of same shall be final. Such fees shall be
collected by the Town Clerk or the Town Clerk's designee who shall issue a receipt
stating the purpose of the payment. This receipt must be filed with the application as
evidence of payment.
(c) All Application Fees paid to the Town in accordance with the fee schedule shall be
non-refundable unless miscalculated. Except for unexpended escrow amounts or
miscalculated fees, no funds paid to or deposited with the Town for review or inspection
shall be returned to the applicant should an application be disapproved by the Town,
reduced in scale by the applicant, or otherwise partially or wholly abandoned.
76
Zoning Or.], wpSllzon, 1127193
(d) For purposes of calculating fees, if the proposal involves a dormitory, two bedrooms
shall constitute one dwelling unit.
2. Building hermit fees.
(a) The fees for a building permit shall be as set forth in Section 75 of this Ordinance.
3. Application fees and Public Hearing Fees.
(a) A nonrefundable fee shall be paid along with each application as set forth in the
Schedule of Application and Review Fees set forth below (the "Fee Schedule") to cover
expenses related to the administration and processing of applications, including agenda
or public hearing notice, clerical processing, and preliminary processing of the
application by planning and/or engineering personnel.
(b) Whenever an application or appeal is filed with the Town for which a public
hearing is required, there shall be paid simultaneously a fee of $50.00 to defer the costs
of publishing and mailing the notice and application to appropriate parties, and the cost
of transcribing the proceedings relating to the application or appeal. Such $50.00 fee is
included in the Fee Schedule set forth below as part of the initialapplication fee (e.g. an
application fee of $100.00 includes the Public Hearing Fee of $50.00).
(c) If the hearing continues for more than one meeting necessitating re -publication
and/or re -noticing, an additional Public Hearing Fee shall be paid prior to each continued
hearing. If the matter continues for more than one meeting but the subsequent meetings
do not require a public hearing, an Agenda Processing Fee shall be paid prior to each
additional meeting at which the matter is continued without a public hearing. In the
discretion of the Town Board, Planning Board, or Zoning Board of Appeals, as the case
may be, or the person designated to collect application fees, additional Public Hearing
Fees or additional Agenda Processing Fees may be waived with respect to any subsequent
meetings, particularly if the continuation was necessitated by actions of the Town
officials and not by the applicant.
(d) The above fees may be waived in whole or in part, or may be modified by the Town
Supervisor the Town Plaananer or the Tnxi�n Fn /nPPr fnr nnnrl rancP S&L Supervisor, , .aga wa - E wwu V 14J� a aa.
(e) In the case of Subdivision or Site Plan applications, the Planning Board, in its
discretion, may waive the fee for a final plat in those circumstances where Final Plat or
Plan Approval is given simultaneously with Preliminary Plat or Plan Approval.
4. Review Fees.
MA
Zoning Or.], xp511zon, 1127193
(a) A Review fee shall be paid as set forth in the Fee Schedule set forth below. Such
Fee is intended to cover part of the cost of professional services, including, but not
limited to, engineering, planning, legal, and other expenses incurred by the Town in its
review of the submitted application materials for Preliminary and/or Final Subdivision
or Site Plan Approval.
(b) When the Review Fee set forth in the Fee Schedule is calculated on a per lot or per
unit basis the Review Fee is non-refundable unless denominated as an amount to be
placed in escrow.
(c) When the Review Fee is stated in the Fee Schedule to be the Actual Cost of Review,
the Review Fee shall be such actual cost of conducting the review as determined and
billed by the Town. The basis for calculating such cost shall be the actual costs to the
Town for independent consultant services, legal services, engineering services, planning
services and/or any other services or expenses of outside consultants plus an amount
intended to reimburse the Town for the time of Town staff (Engineering, Planning,
Legal, Highway Superintendent, and others) devoted to reviewing the proposals. The
amount charged for Town staff shall be determined by multiplying the number of hours
devoted to the proposal times hourly rates as determined from time to time by the Town
Board for various staff positions.
(d) An escrow agreement providing for the deposit of the amounts set forth in the Fee
Schedule in the form directed by the Town shall be executed by the applicant and the
deposit made in the amount set forth in the Fee Schedule. Sums so deposited and not
utilized in the review process shall be returned to the applicant within a reasonable period
of time after the adoption of the last resolution finally disposing of the application
(whether by granting or denial of the application). At the time of such return, and if no
funds are due, at the time of final disposition of the application the Town will provide
an accounting of the expenses charged to the escrow account.
(e) If the review costs are estimated to exceed the amount so deposited and additional
fees are deemed necessary, the applicant shall be notified of the required additional
amount by the Town Engineer and shall add such sum to the escrow account.
(fl If, in the judgement of uie Town Engineer, the deposit pl o V ided 1 V1 11e1 e111 exceeds
the anticipated reasonable review costs, the Town Engineer may adjust the deposit to
reflect the anticipated review cost.
(g) Unexpended escrow funds deposited as. part of the Review Fee may be credited
against deposits due for the Inspection Fee, where such is required, upon the filing of an
application for site development or the construction of improvements.
78
Zoning Or.1, wp51 Izon, 1127193
(h) For purposes of determining the amount of escrow the following shall apply:
(i) As part of the application for Preliminary Subdivision or Preliminary Site
Plan Approval, a preliminary estimate of the cost of improvements shall be
provided by the applicant's Licensed Professional Engineer along with the other
items required for a Preliminary Subdivision or Preliminary Site Plan Application
as set forth in the Town of Ithaca Subdivision Regulations and the Town of Ithaca
Zoning Ordinance.
(ii) As part of the application for Final Subdivision or Final Site Plan Approval,
a revised estimate of the cost of improvements shall be provided by the
applicant's Licensed Professional Engineer along with the other items required for
final subdivision application as outlined in the Town of Ithaca Subdivision
Regulations and the Town of Ithaca Zoning Ordinance.
(iii) In the case of subdivision applications, the terms "cost of improvements",
"improvement cost" or "project cost" shall mean the costs of construction of all
general site improvements (whether on or off the specific site involved) to be
constructed by applicant such as grading, roads, drainage improvements, sewers,
water lines, and other similar items but excluding the cost of dwelling units to be
constructed on the subdivided lots. In the case of site plan applications such
terms shall mean the costs of construction of all site improvements (whether on
or off the specific site involved) including grading, roads, drainage
improvements, sewers, water lines, buildings and any other improvement of any
nature whatsoever to be constructed by applicant. In both cases such terms
exclude land acquisition costs, architects fees, engineering fees and other similar
non -construction costs.
(iv) The estimates provided with the preliminary or final application shall be
considered, along with the other items of application and anticipated review costs,
in determining the amount of review fee escrow.
(v) An estimate of the cost of improvements provided by the applicant and not
by a Licensed Professional Engineer may be accepted when in the judgement of
the 'i'nwn Ene;,;P.-r such estimate As reasonably accurate. Tile Town Engineer
..b.. ,
may adjust such estimate and the estimate as so revised by the Town Engineer
shall be the basis of the escrow deposit calculation.
(vi) In no event shall an escrow account be established with less than a $200
deposit, which amount shall be a minimum regardless of the amounts calculated
pursuant to the Fee Schedule.
79
Zoning Or.1, wpS1lzon, 1127193
(i) In the case of clustered subdivision applications, the fees set forth for subdivisions
shall apply.
0) In the case of applications for rezoning, a basic fee as set forth in the Fee Schedule
for initial review of the general plan by staff and the Town Board shall be submitted with
the initial application. When the rezoning is referred to the Planning Board for
recommendation, the fee for Site Plan Review -Preliminary Plan shall be paid prior to
any further review of the general plan by the Planning Board and prior to any
recommendation by the Planning Board to the Town Board. If the Town Board approves
an application for rezoning upon recommendation by the Planning Board, and when
specific development is proposed, the fee for Site Plan Review - Final Plan shall be paid
to cover the costs of further review by staff and the Planning Board.
(k) In the case of applications for Special Approval, a basic fee as set forth in the Fee
Schedule for initial review of the general plan by staff and the Zoning Board of Appeals
shall be submitted with the initial application. If the application is referred to the
Planning Board for recommendation, the fee required for Site Plan Review -Preliminary
Plan shall be paid prior to any further review of the general plan by the Planning Board
and prior to any recommendation by the Planning Board to the Zoning Board of Appeals.
If the Zoning Board of Appeals approves an application for Special Approval upon
recommendation by the Planning Board, and when specific development is proposed
requiring further review, the fee for Site Plan Review - Final Plan shall be paid to cover
the costs of further review by staff and the Planning Board. If the application is not
referred to the Planning Board, the basic fee shall be paid without any further fees for
site plan review.
5. SEOR-Related Fees.
(a) In addition to the fees required as stated in the Fee Schedule, the fees for review or
preparation of an Environmental Impact Statement involving an application for approval
or funding of an action requiring preparation or filing of a draft environmental impact
statement shall be determined by the lead agency for each such application. The fees
shall be based on the actual cost to the Town for reviewing or preparing the draft and
final environmental impact statement, including the cost of hiring consultants, the salary
time of Town employees and actual disbursements incurred as a result of the review or
preparation of such impact statement, but in no event shall the fees be greater than that
established in 6 NYCRR 617.17. The Town Supervisor, Building Inspector, Planner, or
Engineer may require, prior to the commencement of the review or preparation of an
environmental impact statement, a deposit to be made with the Town in an amount
reasonably estimated to cover the fees set forth in this section.
6. Inspection Fees.
Zoning Or.], wp511zon, 1127193
(a) In addition to the fees provided for herein, where the inspection of on- or off -site
improvements or development is required, the applicant shall reimburse the Town for the
actual cost to the Town of all engineering, planning, highway inspection, legal,
consulting, clerical and other expenses incurred by the Town during the process of
inspection and review of the completion of site improvements and the fulfillment of any
requirements of any regulation or resolution pertaining to development projects which
have been granted Final Subdivision or Site Plan Approval. The costs so incurred shall
be determined by the Town and billed to the applicant. The basis for calculating such
costs shall be the same as set forth above with reference to Review Fees.
(b) An escrow agreement providing for the deposit of the amounts set forth in the Fee
Schedule in the form directed by the Town shall be executed by the applicant and the
deposit made in the amount set forth in the Fee Schedule to cover the cost of inspections
and compliance review incurred
(i) after final approvals have been given,
(ii) in the course of building permit issuance,
(iii) during the course of construction of any improvements including buildings,
roads, and other improvements, and
(iv) during the course of issuing any certificates of compliance or occupancy.
(c) Along with any application for final approval of site improvement and development
construction plans where such final approval of such plans is required, an estimate of the
cost of improvements shall be provided by the applicant's Licensed Professional Engineer
in similar manner as the estimate is provided for the escrow for the review fees. This
estimate shall be used along with the other items included in the application and in the
prior review process in determining the amount of inspection escrow. The developer
shall make the required inspection escrow deposit prior to any final approval of said site
improvement and development construction plans and prior to the commencement of
construction of any of such improvements.
(rl) All of the provisi0,^.s regarding escrow acCou ntJ lvr R
eview Fees $hail be appl --I-1e
to the escrow accounts for Inspection Fees including authority to the Town Engineer to
waive the requirement that the cost of improvements be prepared by a Licensed
Engineer, and to increase or decrease the required escrow amount, the definitions of
costs of improvements, and the $200 minimum deposit.
(e) The inspection fee shall in no case be less than $100.
.31
Zoning Or.1, %pS1 Izon, 1/7 7193
(f) The inspection fee may be included as a portion of a letter of credit or performance
guarantee, where applicable.
(g) Where applicable or where required, no final acceptance of proposed public
improvements, and no final approval of site construction or site improvements shall be
made and no Certificates or Occupancy shall be issued until all Inspection Fees have been
paid or fully escrowed.
(h) The Town shall return any balance of the deposit to the applicant upon final
acceptance of proposed public improvements and/or final acceptance of subject site
improvements together with an account of all expenses charged to the escrow fund.
E�A
TOWN OF ITHACA
SCHEDULE OF APPLICATION AND REVIEW FEES
--------------------------------------------------
--------------------------------------------------
Approved by Town Board Application/ Escrow For
12-Mar-90 Review Review Inspection
SUBDIVISION REVIEW:
Initial Application Fee:
1 to 4 New Lots/Units $50.00
5 to 10 New Lots/Units $75.00
More than 10 New Lots/
Units $100.00 Plus
$1 Per Lot
Preliminary Plat:
1 to 10 New Lots/Units $50.00 Plus
(Without Roads or Public $10.00 Per Lot/Unit
Utilities)
All others $100.00 Plus 0.5 % of
Actual Cost of estimated
Review imprv. cost
Final Plat:
1 to 10 New Lots/Units $50.00 Plus
(Without Roads or Public $10.00 Per Lot/Unit
Utilities)
All others $100.00 Plus 0.5 % of
Actual Cost of estimated
Review imprv. cost
Inspection: Actual Cost of 0.5 % of
Insp. estimated
imprv. cost
Plats/Replats whose
sole purpose is to
dedicate land for
public use: No charge No charge No charge
Plat Reaffirmations:
SITE PLAN REVIEW:
Initial Application Fee
Preliminary Plan:
Non -Residential
$50.00 Plus
$ 5.00 Per Lot/Unit
$70.00
$100.00 Plus
Actual Cost of
Review
31
0.1 % of estimated project
cost excluding land
Zoning Or.], %pSllzon, D77193
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Approved by Town Board Application/ Escrow For
March 12, 1990 Review Review Inspection
-----------------------------------------=-------
-------------------------------------------------
Residential $100.00 Plus $25 Per Dwelling Unit
Actual Cost of
Review
Final Plan:
Non -Residential $50.00 Plus 0.5 % of estimated project
Actual Cost of cost excluding land
Review
Residential $50.00 Plus $25 Per Dwelling Unit
Actual Cost of
Review
Inspection:
Non -Residential
Residential
ZONING AMENDNIENT/
REZONING
SPECIAL APPROVALS:
ZONING APPEALS:
Actual Cost of
insp.
Actual Cost of
insp.
Area & Use Variances $80.00
ADDITIONAL MEETING FEE:
(In the event of more than
1 meeting or public hearing
per application)
Agenda Processing $30.00
Public Hearing Processing: $50.00
$170.00 Plus Pertinent Site Plan Review Fees
$100.00 Plus Pertinent Site Plan Review Fees
84
0.05 % of
estimated
project cost
excl. land
$25 Per Dw.
Unit
F4v,j D ►I 1 ►,
CERTAIN LOCAL LAWS RELATING TO THE
ZONING ORDINANCE
in the
TOWN OF ITHACA
As enacted through January 27, 1993
ARTICLE XV
LOCAL LAW #5 - 1985
RELATING TO FLOOD DAMAGE PROTECTION
AS AMENDED BY LOCAL LAW #9 - 1987
AND LOCAL LAW #3, 1989
SECTION 1.0
STATUTORY AUTHORIZATION AND PURPOSE
1.1 FINDINGS
The Town Board of the Town of Ithaca finds that the potential and/or actual damages
from flooding and erosion may be a problem to the residents of the Town of Ithaca and that such
damages may include: destruction or loss of private and public housing, damage to public
facilities, both publicly and privately owned, and injury to and loss of human life. In order to
minimize the threat of such damages and to achieve the purposes and objectives hereinafter set
forth, this local law is adopted.
1.2 STATEMENT OF PURPOSE
It is the purpose of this local law to promote the public health, safety, and general
welfare, and to minimize public and private losses due to flood conditions in specific areas by
provisions designed to:
(1) regulate uses which are dangerous to health; safety and property due to water or
erosion hazards, or which result in damaging increases in erosion or in flood heights or
velocities;
(2) require that uses vulnerable to floods, including facilities which serve such uses, be
protected against flood damage at the time of initial construction;
(3) control the alteration of natural flood plains, stream channels, and natural protective
barriers which are involved in the accommodation of flood waters;
(4) control filling, grading, dredging and other development which may increase erosion
or flood damages;
(5) regulate the construction of flood barriers which will unnaturally divert flood waters
A - 1
zoning.app, wp51Izon, 1127193
or which may increase flood hazards to other lands, and;
(6) qualify and maintain eligibility for participation in the National Flood Insurance
Program.
1.3 OBJECTIVES
The objectives of this local law are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for costly flood control projects;
(3) to minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone, sewer lines, streets and bridges located in areas of special
flood hazard;
(6) to help maintain a stable tax base by providing for the sound use and development
of areas of special flood hazard so as to minimize future flood blight areas;
(7) to provide that developers are notified that property is in an area of special flood
hazard; and,
(8) to ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
SECTION 2.0
DEFINITIONS
Unless specifically defined below, words or phrases used in this local law shall be interpreted
so as to give them the meaning they have in common usage and to give this local law its most
reasonable application.
"Appeal" means a request for a review of the Building Inspector's interpretation of any provision
of this Local Law or a request for a variance.
MW
zoning. app, wp51 lzon, 1127193
"Area of shallow flooding means a designated AO or VO Zone on a community's Flood
Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable and indeterminate,
and where velocity flow may be evident.
"Area of special flood hazard" is the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year. This area may be designated as Zone
Al AE, AH, AO, Al-99, V, VO, VE, or V1-30. It is also commonly referred to as the base
floodplain or 100-year floodplain.
"Base flood" means the flood having a one percent chance of being equalled or exceeded in any
given year.
"Basement" means that portion of a building having its floor subgrade (below ground level) on
all sides.
"Building" means any structure built for support, shelter, or enclosure for occupancy or storage
"Cellar" - has the same meaning as "Basement"
"Develovment" means any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or
drilling operations located within the area of special flood hazard.
"Elevated building" means a non -basement building built to have the lowest floor elevated above
the ground level by means of fill, solid foundation perimeter was, pilings, columns (posts and
piers), or shear walls.
"Existing manufactured home nark or manufactured home subdivision," means a parcel (or
contiguous parcels) of land divided into two or more manufactured home lots for rent or sale
for which the construction of facilities for servicing the lot on which the manufactured home is
to be affixed (including, at a minim»m, the installation of utili+pies either fin-1 site gradi;,g or
the pouring of concrete pads, and the construction of streets) is completed before the effective
date of Local Law #5 - 1985.
"Flood" or "Flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters;
A - 3
zoning.app, wp51lzon, 1127193
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood Boundary and Floodwav Man (FBFM)" means an official map of the Community
published by the Federal Emergency Management Agency as part of a river in Community's
Flood Insurance Study. The FBFM delineates a Regulatory Floodway along water courses
studied in detail in the Flood Insurance Study.
"Flood Hazard Boundary Man (FHBM)" means an official map of a community, issued by the
Federal Emergency Management Agency, where the boundaries of the areas of special flood
hazard have been defined but no water surface elevation is provided.
"Flood Insurance Rate Man (FIRM)" means an official map of a community, on which the
Federal Emergency Management Agency has delineated both the areas of special flood hazard
and the risk premium zones applicable to the community.
"Flood Insurance Study" is the official report provided by the Federal Emergency Management
Agency. The report contains flood profiles, as well as the Flood Boundary Floodway Map, as
elevations of the base flood.
"FloodnroofinQ" means any combination of structural and non-structural additions, changes, or
adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
"Floodwav" - has the same meaning as "Regulatory Floodway".
"Functionally dependent use" means a use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water, such as a docking or port facility necessary
for the loading and unloading of cargo or passengers, shipbuilding, and ship repair. The term
does not include long-term storage, manufacture, sales, or service facilities.
"Lowest Floor" means lowest level including basement, cellar, crawlspace or garage of the
lowest enclosed area.
"Manufactured home" means a structure, transportable in one or more sections, which is built
on a permanent chassis and designed to be used with or without a permanent foundation when
connected to the required utilities. The term also includes park trailers, travel trailers, and
similar transportable structures placed on a site for 180 consecutive days or longer.
"Mean Sea Level" means, for purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown
A - 4
zoning.app, wp511zon, 1127193
on a community's Flood Insurance Rate Map are referenced.
"New Construction" means structures for which the "start of construction" commenced on or
after the effective date of this Local Law.
"Principally Above Ground" means that at least 51 percent of the actual cash value of the
structure, excluding land value, is above ground.
"ReQulatory Floodwav" means the channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height as determined by the Federal
Emergency Management Agency in a Flood Insurance Study or by other agencies as provided
in Section 4.3-2 of this Law.
"Start of Construction" includes substantial improvement and means the first placement of
permanent construction of a structure (other than a manufactured home) on a site, such as the
pouring of slabs or footings, the installation of piles, the construction of columns or any work
beyond the stage of excavation. Permanent construction does not include land preparation, such
as clearing, grading, and filling; nor does it include the installation of streets and/or walkways;
nor does it include excavation for a basement, footings, piers or foundations or the erection of
temporary forms; nor does it include the installation on the property of accessory buildings, such
as garages or sheds not occupied as dwelling units or not as part of the main structure. For
manufactured homes, "start of construction" is the date on which the construction of facilities
for servicing the site on which the manufactured home is to be affixed (including, at a minimum,
the construction of streets, either final site grading or the pouring of concrete pads, and
installation of utilities) is commenced but in any event, no later than the placement of a
manufactured home on a foundation.
"Structure" means a walled and roofed building, a manufactured home, or a gas or liquid storage
tank, that is principally above ground.
"Substantial Improvement" means any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50 percent of the market value of the structure either:
(1) before the improvement or repair is started; or
(2) if the structure has been damaged and is being restored, before the damage
occurred.
For the purposes of this definition "substantial improvement" is considered to commence when
A - 5
zoning. app, wp51 Izon, 1127193
the first alteration of any wall, ceiling, floor or other structural part of the building commences,
whether or not that alteration affects the external dimensions of the structure. The term does
not, however, include either:
(1) any project for improvement of a structure to comply with existing state or local
building, fire, health, sanitary, or safety code specifications which are solely necessary
to assure safe living conditions; or
(2) any alteration of a structure or contributing structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
"Variance" means a grant of relief from the requirements of this local law which permits
construction or use in a manner that would otherwise be prohibited by this Local Law.
SECTION 3.0
GENERAL PROVISIONS
3.1 LANDS TO WHICH THIS LOCAL LAW APPLIES
This local law shall apply to all areas of special flood hazards within the jurisdiction of
the, Town of Ithaca.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management
Agency in a scientific and engineering report entitled "The Flood Insurance Study Town of
Ithaca, New York, Tompkins County, New York", dated December 19, 1984, with Flood
Insurance Rate Maps enumerated on Map Index No. 360851 0001-0025 dated June 19, 1985,
and with accompanying Flood Boundary and Floodway Maps enumerated on Map Index No.
360851 0001-0025 dated June 19, 1985.
3.3 INTERPRETATION, CONFLICT WITH OTHER LAWC
This Local Law is adopted in response to revisions to the National Flood Insurance
Program effective October 1, 1986 and shall supersede all previous laws adopted for the p4m
of establishing and maintaining eligibility for flood insurance.
In their interpretation and application, the provisions of this Local Law shall be held
to be minimum requirements, adopted for the promotion of the public health, safety, and
welfare. Whenever the requirements of this local law are at variance with the requirements of
A - 6
zoning.app, wp51lion, 1127193
any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or t h a t
imposing the higher standards, shall govern.
3.4 SEVERABILITY
The invalidity of any section or provision of this Local Law shall not invalidate any
other section or provision thereof.
3.5 PENALTIES FOR NON-COMPLIANCE
No development shall occur and no structure shall hereafter be constructed, located,
extended, converted, or altered and no land shall be excavated or filled without full compliance
with the terms of this Local Law and any other applicable regulations, including receipt of the
development permit set forth below together with any building permits required pursuant to any
building, zoning or other rule, law, or regulation governing construction. Any violation of the
provisions of this Local Law by failure to comply with any of its requirements, including
violations of conditions and safeguards established in connection with conditions of the permit,
shall constitute a misdemeanor. Any person who violates this Local Law or fails to comply with
any of its requirements shall, upon conviction thereof be fined not more than $500 or imprisoned
for not more than 30 days or both, for each violation, and in addition, shall pay all costs and
expenses involved in the case. Each day of noncompliance shall be considered a separate
offense. Nothing herein contained shall prevent the Building Inspector from taking such other
lawful action as necessary to prevent or remedy a violation. Any structure found not complying
with the requirements of this Local Law for which the owner has not applied for and received
an approved variance under Section 6.0 will be declared noncomplying and notification sent to
the Federal Emergency Management Agency.
3.6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this local law is considered reasonable for
regulatory p-rp—oses and is barred on scientific and engineering considerations. Larger floods
and will occur on rare occasions. Flood heights may be increased by man-made or natural
causes. This local law does not imply that land outside the area of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This local law shall
not create liability on the part of the Town of Ithaca, any officer or employee thereof, or the
Federal Emergency Management Agency, for any flood damages that result from reliance on this
local law or any administrative decision lawfully made thereunder.
A - 7
zoning.app, wp51Izon, 1127193
SECTION 4.0
ADMINISTRATION
4.1 REQUIREMENT FOR DEVELOPMENT PERMIT
(1) A Development Permit shall be obtained before any development or start of
construction, whichever occurs earlier, within any area of special flood hazard
established in Section 3.2.
(2) The Building Inspector is hereby appointed Local Administrator to administer and
implement this local law by granting or denying Development Permit applications in
accordance with its provisions.
(3) The Building Inspector may include such conditions to the grant of any
Development Permit as the Building Inspector may reasonably require to carry out the
purpose of this law, and, further, in consideration of the technical evaluations, all
relevant factors and standards specified in other sections of this law including, but not
limited to, those set forth in Section 6.1(4), below.
4.2-1 DEVELOPMENT PERMIT APPLICATION
(1) The application for the Development Permit must be made by the Owner
of the property, or by a person duly authorized by the Owner ("hereinafter
collectively referred to as the "Owner"), on forms prepared by the Building
Inspector.
(2) The following information is required where applicable:
(a) plans, in duplicate, drawn to scale showing the nature, location,
dimension, and elevations of the area in question, existing and/or
proposed structures, fill, storage of materials and drainage facilities,
(b) elevation in relation to mean sea level of the proposed lowest floor
(including basement or cellar) of all structures;
(c) elevation in relation to mean sea level to which any non-residential
structure will be flood -proofed;
(d) when required, a certificate from a licensed professional engineer or
architect that the utility floodproofing will meet the criteria in Section
A - 8
zoning. app, wp51 tzon, 1127193
5.1-3(1);
(e) certificate from a licensed professional engineer or architect that the
non-residential flood -proofed structure will meet the flood -proofing
criteria in Section 5.2; and
(f) description of the extent to which any watercourse or regulated
floodway will be altered or relocated as a result of proposed
development.
(g) such other information as the Building Inspector may reasonably
require.
(3) Any permit issued may require that the work for which the permit is
granted shall be begun on a date which shall be no more than three months after
its issue. The estimated date of completion of the work shall appear on the
permit. The Building Inspector may grant extensions of time as the Building
Inspector may reasonably determine, taking into account the factors and
standards set forth elsewhere in this law and the Building Inspector may require
additional conditions taking into account such factors and standards and any
changes in the physical facts, or in any applicable law, code or regulations, and
the extent of the progress of such work at the time of application. Such
application for extension shall be made on forms prepared by the Building
Inspector.
4.2-2 DUTIES OF OWNER
(1) Upon placement of the lowest floor, or flood -proofing by whatever means,
it shall be the duty of the Owner to submit to the Building Inspector a certificate
of the elevation of the lowest floor, or flood -proofed elevation, in relation to
mean sea level. The elevation certificate shall be prepared by or under the direct
supervision of a licensed land surveyor or professional engineer and certified Uy
same. When flood -proofing is utilized for a particular building the flood -
proofing certificate shall be prepared by or under the direct supervision of a
licensed professional engineer or architect and certified by same. The Building
Inspector shall review all data submitted. Deficiencies detected shall be cause
to issue a stop -work order for the project unless immediately corrected.
(2) It shall be the responsibility of the Owner to insure that all work and
construction has been done in compliance with the requirements of this law.
A - 9
zoning.app, wp5llion, 1127193
The Owner shall sign and acknowledge a certificate that the work has been
performed and completed in accordance with all provisions of this law and the
conditions of a permit. The Building Inspector may also require that such a
certificate be signed by a competent person who has supervised or examined the
work.
4.3 DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTOR
Duties of the Building Inspector shall include, but not be limited to:
4.3-1 PERMIT APPLICATION REVIEW
(1) Review all Development Permit applications to determine that the
requirements of this local law have been satisfied.
(2) Review all Development Permit applications to determine that all necessary
permits have been obtained from those Federal, State or local governmental
agencies from which prior approval is required.
(3) Review all Development Permits for compliance with the provisions of
Section 5.1-5, Encroachments.
4.3-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA
When base flood elevation data has not been provided in accordance with Section 3.2,
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the
Building Inspector shall obtain, review and reasonably utilize any base flood elevation
and floodway data available from a Federal, State or other source, including data
developed pursuant to Section 5.1-4(4) in order to administer Section 5.2, SPECIFIC
STANDARDS and Section 5.3 FLOODWAYS.
4, 3-3 MFOR M A TTON TO BE OBTAINED AND M A TAT-r A THE
(1) Obtain and record the actual elevation, in relation to mean sea level, of the
lowest floor, including basement or cellar of all new or substantially improved
structures, and whether or not the structure contains a basement or cellar.
(2) For all new or substantially improved floodproofed structures:
(i) obtain and record the actual elevation, in relation to mean sea level,
A-10
zoning.app, wp51Izon, 1127193
to which the structure has been floodproofed; and
(ii) maintain the floodproofing certifications required in Sections 5.1 and
5.2.
(3) Maintain for public inspection all records pertaining to the provisions of this
local law including variances when granted and Certificates of Compliance.
4.3-4 ALTERATION OF WATERCOURSES
(1) Notify adjacent communities and the New York State Department of
Environmental Conservation prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal Insurance
Administrator.
(2) Require that maintenance is provided within the altered or relocated portion
of said watercourse so that the flood carrying capacity is not diminished.
4.3-5 INTERPRETATION OF FIRM BOUNDARIES
The Building Inspector shall have the authority to make interpretations when
there appears to be a conflict between the limits of the federally identified area of
special flood hazard and actual field conditions.
Base flood elevation data established pursuant to Section 3.2 and/or Section 4.3-
2, when available, shall be used to accurately delineate the area of special flood
hazards.
The Building Inspector shall use flood information from any other authoritative
source, including historical data, to establish the limits of the area of special flood
hazards when base flood elevations are not available.
4,3-6 CTOP WORK OPTlERC
(1) All floodplain development or construction found ongoing without an
approved Development Permit, or any other required permits, shall be subject
to the issuance of a stop work order by the Building Inspector. Disregard of a
stop work order shall be subject to the penalties described in Section 3.5 of this
Local Law.
(2) All floodplain development found to be not complying with the provisions
A-11
zoning.app, wp511zon, 1127193
of this law and/or the conditions of the approved permit shall be subject to the
issuance of a stop work order by the Building Inspector. Disregard of a stop
work order shall be subject to the penalties described in Section 3.5 of this
Local Law.
4.3-7 INSPECTIONS
The Building Inspector or, if required by the Building Inspector, the Owner's
engineer or architect shall make periodic inspections at appropriate times
throughout the period of construction in order to monitor compliance with
permit conditions and enable the person who is conducting the inspection to
certify that the development is in compliance with the requirements of either the
Development Permit or the approved variance.
4.3-8 CERTIFICATE OF COMPLIANCE
(1) It shall be unlawful to use or occupy or to permit the use or occupancy of
any building or premises, or both, or part thereof hereafter created, erected,
changed, converted or wholly or partly altered or enlarged in its use or structure
until a Certificate of Compliance has been issued by the Building Inspector
stating that the building or land conforms to the requirements of this Local Law.
(2) All other development occurring within the designated flood hazard area
will have upon completion a Certificate of Compliance issued by the Building
Inspector.
All certifications shall be based upon the inspections conducted subject to Section
4.3-7, the certification of professionally qualified representatives made pursuant to
Section 4.3-7 and/or any certified elevations, hydraulic information, floodproofing,
anchoring requirements or encroachment analysis which may have been required as a
condition of the approved permit.
SECTION 5.0
PROVISIONS FOR FLOOD HAZARD REDUCTION
5.1 GENERAL STANDARDS
In all areas of special flood hazards the following standards are required:
A-12
zoning. app, wp51 Izon, 1127193
5.1-1 ANCHORING
(1) All new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2) All manufactured homes shall be installed using methods and practices
which minimize flood damage. Manufactured homes must be elevated and
anchored to resist flotation, collapse, or lateral movement. All manufactured
homes to be placed or substantially improved shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home is at or above
the base flood elevation and be securely anchored to an adequately anchored
foundation system in accordance with the following requirements:
(i) Over -the -top ties shall be provided at each of the four corners of the
manufactured home, with two additional ties per side at intermediate
locations, with manufactured homes less than 50 feet long requiring one
additional tie per side.
(ii) Frame ties shall be provided at each corner of the home with five
additional ties per side at intermediate points, with manufactured homes
less than 50 feet long requiring four additional ties per side.
(iii) All components of the anchoring system shall be capable of
carrying a force of 4,800 pounds; and
(iv) Any additions to the manufactured home shall be similarly
anchored.
5.1-2 CONSTRUCTION MATERIALS AND METHODS
(1) All new construction and --iijhct„a4,nttin1 i:n, ya A t� 11 1 o on +n—+-A '+U
1-1 r e . m„nw shwa v�. Cv..c►s u%.Lw wIL11
materials and utility equipment resistant to flood damage.
(2) All new construction and substantial improvements shall be constructed
using methods and practices that minimize flood damage.
5.1-3 UTILITIES
(1) All new construction and substantial improvement shall be constructed with
A-13
zoning.app, wp511zon, 1127193
electrical, heating, ventilation, plumbing, air conditioning equipment, and other
service facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
When designed for location below the base flood elevation, a professional
engineer's or architect's certification is required that such utilities meet this
specification.
(2) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(3) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and discharge
from the systems into flood waters; and
(4) On -site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
5.1-4 SUBDIVISION PROPOSALS
(1) All subdivision proposals, including proposed manufactured home parks or
subdivisions, shall be consistent with the need to minimize flood damage;
(2) All subdivision proposals, including proposed manufactured home parks or
subdivisions, shall have public utilities and facilities such as sewer, gas,
electrical, and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals, including proposed manufactured home parks or
subdivisions, shall have adequate drainage provided to reduce exposure to flood
damage; and,
(4) Base flood elevation data shall be provided for subdivision proposals and
other prnpnsed developments (innliiding prnnn_s s for manufactured home parks
and subdivisions) greater than either 50 lots or 5 acres.
5.1-5 ENCROACHMENTS
(1) In all areas of special flood hazard in which base flood elevation data is
available pursuant to Section 4.3-2 or Section 5.1-4(4) and no floodway has been
determined the cumulative effects of any proposed development, when combined
with all other existing and anticipated development, shall not increase the water
A-14
zoning.app, wp5llzon, 1127193
surface elevation of the base flood more than one foot at any point.
(2) In all areas of the special flood hazard where floodway data is provided or
available pursuant to Section 4.3-2 the requirements of Section 5.3, Floodways,
shall apply.
5.2 SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has been provided
as set forth in Section 3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARDS and Section 4.3-2, USE OF OTHER BASE FLOOD DATA, the following standards
are required:
5.2-1 RESIDENTIAL CONSTRUCTION
New construction and substantial improvement of any residential structure shall
have the lowest floor, including basement or cellar, elevated to or above the base flood
elevation;
5.2-2 NONRESIDENTIAL CONSTRUCTION
New construction and substantial improvement of any commercial, industrial or
other non-residential structure, together with attendant utility and sanitary facilities,
shall either: have the lowest floor, including basement or cellar, elevated to or above
the base flood elevation; or be floodproofed so that the structure is watertight below the
base flood level with walls substantially impermeable to the passage of water. All
structural components located below the base flood level must be capable of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
If the structure is to be floodproofed:
Al a licensP� professional engineer or architect shall develop and;or review
structural design, specifications, and plans for the construction, and shall certify
that the design and methods of construction are in accordance with accepted
standards of practice to make the structure watertight with walls substantially
impermeable to the passage of water, with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy; and
(ii) a licensed professional engineer or licensed land surveyor shall certify the
A-15
zoning.app, wp511zon, 1127193
specific elevation (in relation to mean sea level) to which the structure is
floodproofed.
The Building Inspector shall maintain on record a copy of all such certificates
noted in this section.
5.3 FLOODWAYS
Located within areas of special flood hazard are areas designated as floodways (see
definition, Section 2.0). The floodway is an extremely hazardous area due to high velocity flood
waters carrying debris and posing additional threats from potential erosion forces. When
floodway data is available for a particular site as provided by Section 3.2 and Section 4.3-2, all
encroachments including fill, new construction, substantial improvements, and other development
are prohibited within the limits of the floodway unless a technical evaluation demonstrates that
such encroachments shall not result in any increase in flood levels during the occurrence of the
base flood discharge and no manufactured home shall be placed within the limits of the floodway
except in an existing manufactured home park or existing manufactured home subdivision.
SECTION 6.0
VARIANCE PROCEDURE
6.1 APPEALS BOARD
(1) The Zoning Board of Appeals as established by the Town Board shall hear and
decide appeals and requests for variances from the requirements of this local law.
(2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there
is an error in any requirement, decision, or determination made by the Building
Inspector in the enforcement or administration of this local law.
(3) Those aggrieved by the decision of the Zoning Board of Appeals, or any taxpayer
owning property in the Town of Ithaca who may have a significant interest in the
decision and proceedings on which it was based, may appeal such decision to the
Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.
(4) In passing upon such applications, the Zoning Board of Appeals shall consider all
technical evaluations, all relevant factors, standards specified in other sections of this
local law and:
A-16
zoning.app, wp511zon, 1127193
(i) the danger that materials may be swept onto other lands to the injury of
others;
(ii) the danger to life and property due to flooding or erosion damage;
(iii) the susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
(iv) the importance of the services provided by the proposed facility to the
community;
(v) the necessity to the facility of a waterfront location, where applicable;
(vi) the availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
(vii) the compatibility of the proposed use with existing and anticipated
development;
(viii) the relationship of the proposed use to the comprehensive plan and flood
plain management program of that area;
(ix) the safety of access to the property in times of flood for ordinary and
emergency vehicles;
(x) the costs to local governments and the dangers associated with conducting
search and rescue operations during periods of flooding;
(xi) the expected heights, velocity, duration, rate of rise, and sediment transport
of the flood waters and the effects of wave action, if applicable, expected at the
site; and
(xii) the costs of providing governmental services during and after flood
conditions, including search and rescue operations, maintenance and repair of
public utilities and facilities such as sewer, gas, electrical, and water systems
and streets and bridges.
(5) Upon consideration of the factors of Section 6.1(4) and the purposes of this local
law, the Zoning Board of Appeals may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this local law.
A-17
zoning.app, wp51Izon, 1127193
(6) The Zoning Board of Appeals shall maintain the records of all appeal actions
including technical information and report any variances to the Federal Emergency
Management Agency upon request.
6.2 CONDITIONS FOR VARIANCES
(1) Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous to and
surrounded by lots with existing structures constructed below the base flood level,
providing items (i-xii) in Section 6.1(4) have been fully considered. As the lot size
increases beyond the one-half acre, the technical justification required for issuing the
variance increases.
(2) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures and contributing structures listed on the National Register of Historic Places
or the State Inventory of Historic Places, without regard to the procedures set forth in
the remainder of this section.
(3) Variances may be issued for new construction and substantial improvements and
for other development necessary for the conduct of a functionally dependent use
provided that:
(i) the criteria of subparagraphs 1, 4, 5, and 6 of this section are met;
(ii) the structure or other development is protected by methods that minimize
flood damages during the base flood and create no additional threat to public
safety.
(4) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(5) Variances shall only he issued „pnn a determination that the variance :s the
minimum necessary, considering the flood hazard, to afford relief.
(6) Variances shall be issued only upon:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
A-18
zoning.app, wp51Izon, 1127193
(iii) a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public or conflict with
existing local laws or ordinances.
(7) Any applicant to whom a variance is granted for a building with the lowest floor
below the base flood elevation shall be given written notice that the cost of flood
insurance will be commensurate with the increased risk resulting from lowest floor
elevation.
A-19
zoning. app, wp51 lzon, 1127193
RESOLUTION OF THE TOWN BOARD. DATED FEBRUARY 26. 1973 ESTABLISHING
MULTIPLE RESIDENCE DISTRICT AND A CLUSTER DEVELOPMENT THEREIN ON
PROPERTY OF SCHICKEL ENVIRONMENTAL DEVELOPMENT COMPANY ON
HONNESS LANE. TOWN OF ITHACA. NEW YORK (as amended by Local Law No. 4 -
1987).
WHEREAS, application was made to the Town of Ithaca Planning Board on November
141 1972 by Schickel Environmental Development Company, requesting the establishment of a
Multiple Residence District on a parcel of land comprising about 18.9 acres of land on Honness
Lane (hereinafter referred to sometimes as Eastwood Commons subdivision), Tax Parcel 60-1-
25.2, owned by Enos A. Pyle, which will require a change from an R-15 Residential Zoning
District to a Multiple Residence District, for the purpose of constructing a cluster development
of 176 Units, said parcel being bounded and described in Schedule A, annexed hereto, and
WHEREAS, the Planning Board of the Town of Ithaca duly held a public hearing upon
such application on the 12th day of December, 1972, following the due and timely posting and
publication of notice thereof in the Ithaca Journal on the 7th day of December, 1972, and the
Planning Board at a meeting duly held on January 2, 1973 having adopted a resolution
recommending to the Town Board of the Town of Ithaca that the said application be approved,
and
WHEREAS, the Town Board of the Town of Ithaca, at its regular meeting held on the
8th day of January, 1973, ordered that a Public Hearing be held on the 12th day of February,
1973, at the Town Offices, 108 East Green Street, in the City of Ithaca, New York, to consider,
among other matters, the rezoning of said 118.9 acres from R-15 to Multiple Residence for a
certain number of residential units in clusters in accordance with the provisions of Section 281
of the Town Law, and the Town Clerk having duly posted and published in the Ithaca Journal
on February 1 and 2, 1973 the said Notice of Public Hearing, and it appearing that said Notice
of said hearing has either been served on all persons or parties requiring notice or a waiver of
such notice by any such person or party has been filed with the Town Clerk, and the public
hearing having been held as aforesaid and the Town Board having heard and considered all
arguments made with respect to such requested changes, and the Public Hearing having been
closed, and the meeting having been adjourned to the 22nd day of February, 1973, at 5:00 P.M.
at the Town Offices for further consideration of said application, and the applicant and owners
of land in the vicinity having appeared before the Town Board at said adjourned meeting, and
the application having been further considered, and the matter having been adjourned to a
meeting of the Town Board to be held on the 26th day of February, 1973, at 5:00 P.M., at the
Town Hall, and the Town Board having further deliberated on the application,
NOW, in accordance with the provisions of ARTICLES VI and IX of the Town of
A-20
zoning.app, wp5llzon, 1127193
Ithaca Zoning Ordinance and in accordance with the applicable provisions of Sections 264, 265,
and 281 of the Town Law, it is RESOLVED as follows:
1. The Town Board, in concurrence with the recommendations of the Planning Board,
determines that the existing and probably future character of the neighborhood in which the
rezoned parcel is located will not be adversely affected; that specific conditions hereafter set
forth have been imposed to provide for an adequate drainage system and with respect to other
matters concerning the proposed development; that the change from R-15 to Multiple Residence
is in accordance with a comprehensive plan of development of the Town of Ithaca; and that the
proposed change is in accordance with the purposes for which the existing Zoning Ordinance
of the Town of Ithaca was adopted.
2. The zoning classification of the parcel of about 18.9 acres, owned by Enos A. Pyle
on Honness Lane in the Town of Ithaca, New York, Tax Parcel 60-1-25.2, and described in
Schedule A, annexed hereto, is changed from a Residence District R-15 to a Multiple Residence
District. The boundaries of said Multiple Residence District shall be as described in Schedule
A of this Resolution.
3. The change in zoning classification of the above parcel has been made subject to
compliance by the owner of the said parcel, or any portion thereof, with the conditions,
requirements, and the provisions hereinafter set forth. The final site plan of the owner -applicant
shall not be approved and, in any event, no building permit for the construction of any building,
or other structure on said parcel, shall be issued at any time, unless and until the owner -
applicant has complied with all of the said conditions, requirements, and provisions or unless
and until satisfactory assurances, under such conditions as the Town Board may reasonably
determine.
4. The applicants shall also comply with such other requirements and conditions which
the Town Planning Board and the Town Board of Ithaca may reasonably and lawfully require
in the exercise of their power to approve subdivision plats and the development thereof. Nothing
herein contained shall be deemed to limit the authority of the Town Board and the Planning
Board to impose such additional regUirementc nnrl ' nA;*; ^v c �e 4^ bly -> >�...r._�,--
= �"1 av�iauaaa�iiw as may v�. r�.� s avl�' anu lawfully
required in the approval of the final site plan and the development of the rezoned parcel pursuant
to such plan.
A. (1) The permitted use in this multiple residence district is limited to 176
dwelling units which shall be constructed in clusters in accordance with the provisions of Section
281 of the Town Law, substantially as shown on the site plan entitled "Eastwood Commons,"
dated February 21, 1973, a copy of which was filed with the Town Board on February 21, 1973,
being a revision of the site plan which was dated December 18, 1972, and filed with the Town
A-21
zoning.app, wp51Izon, 1127193
Planning Board on February 19, 1973, and it is directed that a copy thereof be filed in the Town
file of Site Plans.
B. (1) The loop road shown on the site plan will be conveyed to the Town of
Ithaca as and for a public road, 50 feet in width. The two entrance roads shown on the
preliminary site plan shall have such curbing as may be reasonably required by the Town.
(2) The developer, at his own expense, shall construct a sidewalk and bicycle
path from the multiple residence district to which this ordinance and local law relates to the East
Ithaca Recreationway on the former Lehigh Valley Railroad right of way, such walk and path
to be maintained by the Homeowners Association in accordance with the provisions of
subparagraph (3) immediately following.
(3) It is determined that in accordance with the purposes and values for which
the Town of Ithaca Zoning Ordinance was adopted the open area, other than the road, shall be
maintained as an open area, with proper landscaping and planting of shrubbery, trees, and grass,
and as otherwise herein set forth, in accordance with reasonable regulations as may be
established from time to time by the Town Board. If such open spaces are not maintained
adequately in accordance with such regulations, they may be maintained by the Town and the
expense thereof shall be collected by the Town either as on a contract or by any lawful
assessment, levy, or tax, levied upon the property in the zoned area pursuant to such regulations
or by-laws as may be adopted by such association or other organization or pursuant to any law
or ordinance which may be hereinafter adopted by the Town Board.
(a) All other open space shown on the site plan will be owned,
maintained, and the use thereof controlled by one or more owners (residents) associations,
incorporated as not -for -profit corporations, or other similar legal entities, capable of holding title
to the land. The by-laws of any such association shall contain a provision that no by-laws, or
other rules or regulations, shall be deemed to be effective unless the Town Board approves the
same, but the Town Board may, from time to time, waive the requirement of approval. The
membership of such association or associations shall consist of owners of the Eastwood
Commons Subdivision. Pevson shall be made that all o mrc f thEastwood
oeEod Commons
Subdivision shall belong to one or more of such associations. The certificate of incorporation
of any such association shall not be deemed to be effective and shall not be filed with the State
of New York, unless approved by the Town Board.
(4) Approval of the final site plan shall contain requirements for landscaping
and plantings as may be reasonably required by the Town Board or the Planning Board.
(5) A letter of credit, in a form and in an amount acceptable to the Town
A-22
zoning.app, wp511zon, 1127193
Supervisor, the Town Engineer, and the Town Attorney, shall be received by the Town for the
completion of Harwick Road identified as Sunnyslope Lane as shown on a map entitled
"Eastwood Commons - Phase III, Honness Lane, Ithaca, New York, Site Development Plan,
Sheet S-1," dated November 12, 1986 by Schickel Design Company, Inc. Sunnyslope Lane
shall be completed from Harwick Road northwesterly to a point 280 feet from the intersection
of its center line with the center line of Harwick Road. Such letter of credit shall also cover the
completion of the utilities, landscaping, and other site work required for the completion of
Buildings 30 and 31 and the completion of the Pavilion as all of the above may be approved by
the Planning Board. Such letter of credit shall be so received prior to the issuance of any
building permits for Phase III of Eastwood Commons. No certificate of occupancy and no more
than the building permits necessary for the construction of Buildings 30 and 31 and the Pavilion
shall be issued for any structures in Phase III of Eastwood Commons until Harwick Road and
the road presently identified as Sunnyslope Lane are constructed to Town specifications in the
locations and for the distances set forth above. Any of the requirements set forth in this
subparagraph (5) may be modified or waived by application to the Planning Board.
C. The water and sewer plans for each phase shall be approved by the
Tompkins County Health Department and the Town of Ithaca Planning Board prior to the
issuance of any building permits for such phase.
D. (1) A plan for the drainage of the rezoned area and the Eastwood
Commons development, in general, shall be approved by the Town Board or in accordance with
regulations to be adopted by the Town Board or in accordance with any requirements contained
in any resolution approving the final site plan. Drainage plans, in such detail as may be required
by the Town, will be submitted for each phase, prior to construction. Such drainage plans shall
include drainage improvements both on the rezoned parcel and outside the boundaries of said
parcel and shall include such drainage improvements as may be required to correct drainage
problems which may occur after the construction on the site has either been commenced or
completed. The final site plan shall not be approved and no approval shall be endorsed upon
any subdivision map of this development unless such drainage plan has been approved as
aforesaid. No building permit shall be issued for the construction of any dwelling units unless
all required drainage has been constructed or planned to the satisfaction of the Town Board. ne
applicant shall, at his own expense, obtain all easements required for such drainage plan.
(2) Any regulations adopted by the Town Board shall contain such
additional provisions as may be reasonably required -to effectuate the foregoing.
E. (1) Adequate, finished parking spaces shall be provided at the ratio of
1.5 parking space for each dwelling unit. No such parking space shall be constructed or located
within the boundaries of any public street or highway.
A-23