HomeMy WebLinkAbout1991 Zoning Ordinance Part II3/20/91
1. Parking: a minimum of one parking space shall be provided for each 3 employees.
Parking shall not be located in any front yard. Parking lots shall be surfaced with black-
top, concrete, or other solid material and shall be graded so as to drain properly.
2. Off-street loading: off-street loading areas in such amount as may be necessary for the
sizes and types of proposed industrial operations shall be provided.
3. Access and Sidewalks: access drives shall be paved with black -top, concrete, or other
solid material, and, if business is to be carried on in the evening, shall be adequately
lighted. No lights shall be placed so as to reflect in an objectionable manner on adjoining
residential properties or public streets. Driveways and walkways shall provide safe
access, egress and traffic circulation within the site. The placement, size and
arrangement of access to public streets shall be subject to the approval of the appropriate
highway authority. Where density of population or school bus routes make it desirable,
the applicant shall install sidewalks with the approval of the appropriate highway
authority.
4. Signs, as regulated by the Town of Ithaca Sign Law.
5. Buffer Areas and Screening: No structure shall be placed nearer than 50 feet from any
residence district or nearer than 30 feet from any other district. A strip at least 10 feet
wide within such buffer area shall be planted or suitably fenced so as to screen the
Industrial District from present or future residences.
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.
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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.
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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.
1. 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 Board of Appeals shall (i) place the 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
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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.
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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.
C. All provisions of the Town's Zoning Ordinance and other applicable laws not
inconsistent with this law shall govern all proceedings.
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ARTICLE XII
NON -CONFORMING 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. When a non -conforming use has been abandoned for a
period of at least one year, it shall not thereafter be re-established and the future use shall be in
conformity with the provisions of this ordinance, except that a non -conforming use that ceases
to operate because of a national emergency or because of 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 R15
Residence District R30
Residence District R9
Multiple Residence District
Agricultural District
Business District "A"
Business District "B"
Business District "C"
Business District "D"
Business District "E"
Light Industrial District
Industrial District
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
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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 or justified 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 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 making its determination the Board shall disregard, as irrelevant,
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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.
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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 diameter or height of 15 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:
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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
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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.
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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.
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. RoominLy 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. In any district no more than
50 cubic yards of fill, sod, loam, sand, gravel, stone or similar materials 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. 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. The Board shall not act until the Town Engineer has reviewed such
plan and advised the Board that in the Engineer's 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. The Board may impose such conditions upon the applicant as it deems necessary to
55
TATE
Local Law Filing 162 WASHINGTONSAVENUE, ALBANY, NY 1223E
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
on Ithaca
Townof.......................................................................................................................,
Local Law No . ...........................................:..... of the year 19.2.1.
A local law .. AMENDING THE TOWN OF ITHACA ZONING ORDINANCE EXCEPTING CERTAIN
................................................................................................................................................
(?zisert Title) APPROVED SITE PLANS AND APPROVED SUBDIVISIONS
Town FROM THE REQUIREMENT OF OBTAINING FILL PERMITS
Beit enacted by the...........................................................................................................................................of the
(Name of Legislative Body)
On
Ithaca
Townof..................................................................................................................................................as follows:
The Zoning Ordinance of the Town of Ithaca as readopted, amended and
revised effective February 26, 1968, and thereafter further amended,
and particularly further amended by Local Law No. 9 for the year 1990
and Local Law No. 13 for the year 1990 is further amended as follows:
1. Article XIII, Section 70, subdivision 3 is hereby amended to read
as follows:
"3. Removal or deposit of fill in connection with construction
in accordance with a site plan approved by the appropriate Tcwn
Authority (e.g., Town Board, Town Planning Board, or the 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."
2. Article XIII, Section 70, subdivision 5, last paragraph, is
amended to read as follows:
"In any event the exception granted by this subparagraph shall
not apply to any construction which occurs more than three years
after the granting of final subdivision, approval by the Town
Planning Board or after December 31, 1992, whichever date is
later."
3. This Local Law shall take effect upon its publication as required
by law.
(If additional space is needed, attach pages the same size as this sheet, and number each.)
(1)
DOS-239 (Rev_ 7/90)
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local Iegislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 7 of 19 91
of the Town) of Ithaca was duly passed by the
Town Board on April 8, 1991 , in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (Countv)(City)(Town)(Village) of was duly passed by the
(Name of Legislative Body)
on 19 and was (approved)(not disapproved)(repassed after
1
disapproval) by the and was deemed duly adopted on 19
(Elective Chief executive Officer')
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was duly passed by the
me of Legislative Body) on 19 and was (approved)(not disapproved)(repassed after
� .
disapproval) by the on 19 Such local law was
(Elective Chief Executive Officer')
submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
19_, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referndum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (County)(City)(Town)(Village) of was dul%- passed by the
(Name of Legislative Body) on 19_, and w•ns (approved)(not disapproved)(repassed after
disapproval) by the on 19_ Such local law w'ns subject ui
(Elective Chief Executive Officer')
permissive referendum and no valid petition requesting such referendum was filed as of 19
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a counh• elected on a
county -wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city
-,ilIage, or the supervisor of a town where such officer is vested with the power to approve or veto lucal
tows or ordinances.
(2)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
^f the City of having been submitted to referendum pursuant to
__ie provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on
19_, became operative.
6. (County local Iaw concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the County of , State of New York, having been submitted to
the electors at the General Election of November 19_, pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please proi,ide an appropritate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that
the same is a correct transcript therefrom and of the whole of such original local law, and .,;as finally adopted
in the manner indicated in paragraph _- 1 , above.
(Seal)
Date: April 9. 1991
Town DENNOM Clerk
(Certification to be executed by County :attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Tompkins
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature John C . Barney
Town A=nrnav
Title
mmot, Ithaca
Town
Date:
(3)
3/20/91
protect the general welfare of the community, which may include a time limit upon operations,
standards for performance, and the requirements 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. 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.
The following are excepted from the requirements set forth above:
1. 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 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:
(a) an area of 30,000 square feet in which the proposed construction is to be
located; or
(b) the area contained within the footprint of the proposed structure plus an
additional 50 feet adjacent to the perimeter of the proposed structure.
2. 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.
3. 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.
4. 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.
5. 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
56
3/20/91
(a) plans for such construction showing in sufficient detail the proposed removal
and/or deposit of fill were submitted to the Planning Board and approved by the
Town Engineer in conjunction with the subdivision approval; or
(b) the Planning Board expressly waived the requirement of submission of such
drawings and the total amount of material to be either deposited or removed is
less than 500 cubic yards.
In any event the exception granted by this subparagraph shall not apply to any
construction which occurs more than three years after granting of final subdivision
approval by the Town Planning Board.
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 thereof complied with rules and regulations of the Tompkins County Health
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.
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.
57
3/20/91
ARTICLE XIV
ADMINISTRATION
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 installation of solid fuel burning heating 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;
3/20/91
(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.
59
LOG -Al LaW t"1ilf g � 162 WASHING. -ON AVENUE, ALBANY, NY 12=1
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not
use italics or underlining to indicate new matter.
Town
1wof.........................Ithzca..............................................................................
Amia
Local Law No....................10........................... of the year 19 .91.
A local law ...TO. AMEND THE ZONING ORDINANCE REGARDING FEES FOR BUILDING
PERMITS ERP�IIT
FEES
Be it enacted by the ............................................ T.Q.W.0... B.9.amd.................................................................. of the
(\ arne of Legislative Body)
Ithaca
Townof..................................................................................................................................................as follows:
The Zoning, Ordinance of the Towr_ of lttha-ca as readopted, a7i--tided, and
revised, effective February 26, 1968, and subsemaently anr:e_^ded, he
further ame-nded as follows:
1. The fee schedule set forth in Section 75 of said Ordi .^.arse is
amended to read as follows:
"Value of L—a-rovere.*it
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"
(If additional space is needed, attach paves the same size as this sheet, and number each.)
(1)
OCS-239 (Rev. 7/901
2. The last sentence of Section 76 is hereby amended to read as
follows:
"The fee for the issuance of a Certificate of Occupancy shall be
$50.00."
3. There is hereby adopted a new Section 76-A, entitled "Fees for
Use Permits and Operating Permits" reading as follows:
"Section 76-A. Fees for Use Pe_nnits and Operating Permits.
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 Pe -.Lit
required pursuant to Local Law No. 1 of the year 1981
as the same has been s-=sc _ue--itly_ 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) Si.:c to ten Willing units
per building 100.00 per
building
(iii) Eleven dwelling units or
more per building 150.00 per
building"
3. This local law shall take effect upon its publication as required
by law.
Paje la
•
(Complete the certification in the paragraph that applies to the filing of this local law and
' strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as Iocal law No. 10 of 19 91
of the Rba, - 'hM&)(Town)4J� of Ithaca was duly passed by the
Town Board on ivfav 13. 19 91 in accordance with the applicable provisions of law.
(dame of La;:s:a::ve Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective .Chief Executive Officer'.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the (Countv)(City)(Town)(Village) of was duly passed by the
or. 19 and was (approved)(not disapproved)(repassed nfEer
(Marne of Legsiative Body)
disapproval) by the
(Elective Chief Exec_:ive Officer')
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
and was deemed duly adopted on
I h.:ec,,• ce:tiiv that the local la:-.• annexed hereto, designated as local law No. of 19_
of i ae f,Cour.t�)(Ciry)(Town)(Villag�) c w•as duly passed bv the
c•n 19_ and was (approved)(not disapproved)( retassed after
:. L2�.S:St:ve BJcy)
disapprov al) by the Oa 19 Such Ioc i law was
(Elective Chief : xac__.:e Of :cer')
subr,._.:ed to the people by reason of -a (mandaton')(permissive) referendum. and received tine of ir.;,aCite
vote CC a majorli- Ot the QualIL '%: _:�O;ivr_ vOil[lg thereon at the (tee^.er�l)(jptOial)(�nnuli; =ti0(� i:1ld O[i
19in accortar:_= with the applicable provision_ of law.
4. (Subject to permissive referendum and final adoption because no valid petition )%-as filed requesting
referndum.)
I here- certify that the local law- annexed hereto, designated as local law No. of 19
of the (Count}-)(City)(Town)(VilIase) of was duly p nssed by the
Oil 19 and w•as (npprovedli(not disappro-,•ed)(r:;-,nssed after
(Marne of Legisiative Body)
disapproval) by the on 19 Such local law- w•ns subject t
(Elective Chief Execu"ve Of::cer')
perm.ssive referendum and no valid petition requesting such referendum was filed as of 19
in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elceted on a
county -wide basis or, if there be none, the chairinan of Elie county legislative hods•, the mayor of a ell%
or Niitape, or the supervisor of a town v.here such officer is vested %sith the power to ippro•e or %cro local
la%-.s or ordinances.
1
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the Iocal law annexed hereto, designated as local law No. of 19
of the City of having been submitted to referendum pursuant to
the provisions of section (36)(37) of the 'i'Aunicipal Home Rule Law, and having received the affirmative vote
of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on
19_, became operative.
6. (County Iocal law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 19
of the County of State of New York, having been submitted to
the electors at the General Election of November 19_, pursuant to subdivisions 5 and 7 of
section 33 of the Municipal Home Rule Law, and having received the. affirmative vote of a majority of the
qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns
of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropritate certificatIOLI.;
I further certify that I have compared the preceding local law «ith the original on file in tiiis office and that
the same is a correct transcript therefrom and of the whole of such original local law, and finally adeptZcl
in the manner indicated in paragraph 1 , above.
Town Clerk
(Seal)
Date: 1-Iav 15, 1991
(Certification to be executed by Count} Attorney, Corporation Counsel, To«-ri :attorney. Village Attornoy or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF Tompkins
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all groper
proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature John C . Barney
Town Attornev
Tit:e
Tov-n
awwot, Ithaca
Daze:
3
3/20/91
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
$ 15.00
5,001 -
10,000
25.00
10,001 -
20,000
40.00
20,001 -
30,000
60.00
30,001 -
40,000
80.00
40,001 -
50,000
100.00
50,001 -
150,000
200.00
150,001 -
250,000
300.00
250,001 -
500,000
400.00
500,001 -
1,000,000
600.00
1,000,001 -
5,000,000
1,000.00
5,000,001 and
over
2,000.00
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.
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 any similar
or successor statutes, and in accordance with the requirements of any laws, 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 $25.00.
SECTION 77. Board of Appeals. There is hereby established a Board of Appeals which shall
function in the manner prescribed by law.
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
3/20/91
occurring in said Board by expiration of term or otherwise shall be filled in the same
manner.
2. The Town Board shall designate the Chairman of the Board of Zoning Appeals. The
Board of Zoning Appeals shall choose its own Vice -Chairman who shall preside in the
absence of the Chairman. In the absence of both the chairman and vice-chairman, the
Board of Appeals shall choose one of its number as acting chairman. Such chairman, or
the party acting in his stead during his 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 hereinafter contained in
this Section 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. Where there are practical difficulties or unnecessary hardship in the way of carrying out
the strict letter of this ordinance, the Board of Appeals shall have the power, in passing
upon appeals, to vary or modify the application of any of the regulations or provisions
of this ordinance so that the spirit of the ordinance shall be observed and public safety
and welfare secured and substantial justice done.
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.
61
3/20/91
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
inconvenience neighboring 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.
8. The Board may impose upon the applicant such reasonable conditions as it deems
necessary to protect the general welfare of the 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:
A
3/20/91
1. There is a need for the proposed use in the proposed location.
2. The existing and probable future character of the neighborhood in which the use is to be
located will not be adversely affected.
3. The proposed change is in accordance with a comprehensive plan of development of the
Town.
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. Tnwn of Uhnen shall he dPpmPAJ guilty of An nffenv- and i1nnn
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 subdivider, is in default in the performance of any actions required of them pursuant to
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.
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.
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3/20/91
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.
(d) For purposes of calculating fees, if the proposal involves a dormitory, two bedrooms
shall constitute one dwelling unit.
2. Buildine permit fees.
(a) The fees for a building permit shall be as set forth in Section 75 of this Ordinance.
3. Application fees and Public HearinLy 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.
3/20/91
(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 initial application 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 Planner, or the Town Engineer for good cause shown.
(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.
(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
65
3/20/91
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.
(f) If, in the judgement of the Town Engineer, the deposit provided for herein
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.
(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.
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(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 Town Engineer, such estimate is reasonably accurate. The Town Engineer
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.
(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
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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.
(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
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(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.
(d) All of the provisions regarding escrow accounts for Review Fees shall be applicable
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.
(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.
M.
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TOWN OF ITHACA
SCHEDULE OF APPLICATION AND REVIEW FEES
Approved by Town Board
12- Mar -90
SUBDIVISION REVIEW:
Initial Application Fee:
1 to 4 New Lots/Units
5 to 10 New Lots/Units
More than 10 New Lots/Units
Preliminary Plat:
1 to 10 New Lots/Units
(Without Roads or Public Utilities)
All Others
Final Plat:
1 to 10 New Lots/Units
(Without Roads or Public Utilities)
All Others
Inspection:
Application/
Review
$ 50
$ 75
$100 Plus, $ 1
Per Lot
$ 50 plus, $10
Per Lot/Unit
$100 Plus
Actual Cost of
Review
$ 50 Plus,
$ 10 Per
Lot/Unit
$100 Plus
Actual Cost of
Review
Actual Cost of
Insp.
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ESCROW FOR:
Review
0.5 % of
estimated
imprv. cost
0.5 % of
estimated
imprv. cost
Inspection
0.5 % of
estimated
imprv. cost
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Plats/Replats whose sole purpose is
to dedicate land for public use:
Plat Reaffirmations:
SITE PLAN REVIEW:
Initial Application Fee:
Preliminary Plan:
Non -Residential
Residential
Final Plan:
Non -Residential
Residential
Application/
Review
No Charge
$ 50 Plus,
$ 5 Per
Lot/Unit
$ 70
$100 Plus
Actual Cost of
Review
$100 Plus
Actual Cost of
Review
$ 50 Plus
Actual Cost of
Review
$ 50 Plus
Actual Cost of
Review
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ESCROW FOR:
Review Inspection
No Charge No Charge
0. 1 % of
estimated
project cost,
excluding land
$ 25 Per
Dwelling Unit
0. 1 % of
estimated
project cost,
excluding land
$ 25 Per
Dwelling Unit
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Inspection:
Non -Residential
Residential
ZONING AMENDMENT/
REZONING:
SPECIAL APPROVALS:
ZONING APPEALS:
Area & Use Variances:
ADDITIONAL MEETING FEE:
(In the event of more than 1 meeting
or public hearing per application)
Agenda Processing:
Public Hearing Processing:
Application/
Review
Actual Cost of
Inspection
Actual Cost of
Inspection
ESCROW FOR:
Review Inspection
0.05 % of
estimated
project cost,
excl. land
$ 25 Per
Dwelling Unit
$ 170 Plus Pertinent Site Plan Review Fees
$ 100 Plus Pertinent Site Plan Review Fees
M
$ 30
$ 50
72