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HomeMy WebLinkAbout1990 Zoning OrdinanceAPPENDIX CERTAIN LOCAL LAWS RELATING TO THE ZONING ORDINANCE in the TOWN OF ITHACA As enacted through January 9,1990 ARTICLE XV LOCAL LAW #5 - 1985 RELATING TO FLOOD DAMAGE PROTECTI(N 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 poten- tial 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; A - 1 1/9/90 (5) regulate the construction of flood barriers which will unnaturally divert flood waters 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. "Area of shallow flooding" means a designated AO or VO Zone on a A - 2 1/9/90 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 A, 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" "Development" 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 buildina" means a non -basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers), or shear walls. "Existing manufactured home nark or manufactured home subdivi- sion" 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 minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of Local Law #5 - 1985. "Flood" or "Floodina" 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; (2) the unusual and rapid accumulation or runoff of surface waters from any source. A - 3 1/9/90 "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 Mab (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 MaA (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 Studv" 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 eleva- tions of the base flood. "Floodproofina" 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, shipbuild- ing, 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 on a community's Flood Insurance Rate Map are referenced. A - 4 1/9/90 "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. "Reaulatory 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 struct- ure (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 excava- tion. 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 (includ- ing, 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. A - 5 1/9/90 For the purposes of this definition "substantial improvement" is considered to commence when the first alteration of any wall, ceiling, floor or other structural part of the building com- mences, 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 LAWS This Local Law is adopted in response to revisions to the National Flood Insurance Program effective October 1, 1986 and shall supercede all previous laws adopted for the purpose 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 A - 6 1/9/90 welfare. Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that 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 Inspec- tor 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 purposes and is based on scientific and engineering considerations. Larger floods can 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 A - 7 1/9/90 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. 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 applicat- ions 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 A - 8 1/9/90 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 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 A - 9 1/9/90 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 certif- ied by 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 require- ments of this law. 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. A - 10 1/9/90 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 INFORMATION TO BE OBTAINED AND MAINTAINED (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, to which the structure has been floodproofed; and (ii) maintain the floodproofing certifica- tions 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 Conserva- tion 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. A - 11 1/9/90 4.3-5 4.3-6 4.3-7 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 from any other authoritative historical data, to establish area of special flood hazard elevations are not available. STOP WORK ORDERS e flood information source, including the limits of the s when base flood (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 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. 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 A - 12 1/9/90 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, con- verted 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 profes- sionally 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 stand- ards are required: 5.1-1 ANCHORING (1) All new construction and substantial improve- ments shall be anchored to prevent flotation, collapse, or lateral movement of the struc- ture resulting from hydrodynamic and hydro- static 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 A - 13 1/9/90 elevated and anchored to resist flotation, collapse, or lateral movement. All manufac- tured 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: (1) Over -the -top ties shall be provided at each of the four corners of the manufac- tured 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 substantial improve- ments shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improve- ments shall be constructed using methods and practices that minimize flood damage. 5.1-3 UTILITIES (1) All new construction and substantial improve- ment shall be constructed with electrical, heating, ventilation, plumbing, air condi- tioning equipment, and other service facili- ties that are designed and/or located so as to prevent water from entering or accumulat- A - 14 1/9/90 ing within the components during conditions of flooding. When designed for location below the base flood elevation, a profes- sional engineer's or architect's certifica- tion 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 proposed developments (including proposals 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 A - 15 1/9/90 pursuant to Section 4.3-2 or Section 5.1-4(4) and no floodway has been determined the cumulative effects of any proposed develop- ment, when combined with all other existing and anticipated development, shall not increase the water 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-residen- tial 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 water- tight 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 hydro- static and hydrodynamic loads and the effects of buoyancy. If the structure is to be floodproofed: (i) a licensed professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the A - 16 1/9/90 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 hydro- static and hydrodynamic loads and effects of buoyancy; and (ii) a licensed professional engineer or licensed land surveyor shall certify the 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 develop- ment 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 A - 17 1/9/90 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: (i) the danger that materials may be swept onto other lands to the injury of others; the danger to life and property due to flooding or erosion damage; 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; A - 18 1/9/90 (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. (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; A - 19 1/9/90 (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 be issued upon a determination that the variance is 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; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nui- sances, 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 - 20 1/9/90 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 14, 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 a 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 A - 21 1/9/90 deliberated on the application, NOW, in accordance with the provisions of ARTICLES VI and IX of the Town of 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 requirements and conditions as may be reasonably and lawfully required in the approval of the final site plan and the development of the rezoned parcel pursuant to such plan. A - 22 1/9/90 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 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 A - 23 1/9/90 association or associations shall consist of owners of the Eastwood Commons Subdivision. Provision shall be made that all owners of the Eastwood 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 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 A - 24 1/9/90 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. The 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. F. (1) The final site plan presented for approval will include suitable provisions for active recreational space for children. 6. It is determined that the number of dwelling units permitted in this multiple residence zone shall not exceed 176 in number, and shall be subject further to the following requirements: (a) Each such dwelling unit shall be used and occupied only as a single family dwelling; the provisions of the Zoning Ordinance relating to occupancy of any one single family dwelling unit shall apply to each dwelling unit in this development, except that, in addition to each family, not more than one roomer, boarder, lodger or other occupant shall be permitted to occupy each such dwelling unit. (b) Such units shall be built in clusters not exceeding four units in each cluster, provided, however, that the Town of Ithaca Planning Board in its discretion may authorize up to six units in each cluster in Phase III of such development if it finds such cluster or clusters are compatible with the overall design, density, and character of the earlier phases of the Eastwood Commons development. (c) Unless waived by the Town of Ithaca Planning Board or unless a variance is granted by the Town of Ithaca Zoning Board of Appeals, no building in this zone shall exceed two stories in height above ground level. A - 25 1/9/90 (d) Each such cluster shall be located as shown on the final site plan, as finally approved. 7. It is understood that the Eastwood Commons development shall be constructed in accordance with the following phases: (a) Phase 1 shall include not more than 40 units. (b) Subsequent phases shall be planned in relation to sales. (c) Prior to the application to the Town Planning Board for final site plan approval for each phase, the applicant shall submit his plans to the Town Planner who shall review the same and make recommendations to the Town Planning Board. 8. Any determination which is to be made by the Town Board hereunder, may be delegated to the Town Planning Board, insofar as such delegation is lawfully permitted. 9. The Zoning Map of the Town of Ithaca shall be changed to show the boundary lines of the Multiple Residence District established by this Resolution. 10. The lands which are the subject of this resolution are now reputedly owned by Enos Pyle. William Schickel and Norbert Schickel, d/b/a Schickel Environmental Development Company, a general partnership, 100 Fairview Square, Ithaca, New York, have represented to the Town Board that they have exercised their option to purchase the said parcel. This resolution is being adopted on the representation of the applicants that they have exercised their option to purchase the said parcel and to develop it in accordance with the preliminary site plan filed with the Town Board, and said resolution has also been adopted on the general representations made by the applicant to the Planning Board and the Town Board. 11. If title to the rezoned lands is not conveyed within one year from the date hereof by Enos Pyle to said William Schickel and Norbert Schickel as such general partners or to a corporation or other legal entity owned or controlled by said William Schickel and Norbert Schickel, the Town Board, upon application of any resident of the Town, including any member of the Town Board, shall initiate and complete procedures to amend the Zoning Ordinance to change the classification of the said lands to the classification in effect prior to the adoption of this resolution. 12. The Town Clerk is directed to publish this Resolution A - 26 1/9/90 in the Ithaca Journal and the foregoing Resolution shall constitute an ordinance amending the Town of Ithaca Zoning Ordinance and shall take effect 10 days after the publication thereof pursuant to Section 264 of the Town Law. A - 27 1/9/90 SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of Ithaca, County of Tompkins and State of New York, being located on Honness Lane, being bounded and described as follows: BEGINNING at a point in the northerly right of way of Honness Lane, said point being the southeast corner of lands of Roberts and recorded in the Tompkins County Clerk's Office in Liber 315 of Deeds at page 273; running thence North 06° 18' 04" East along said Roberts, a distance of 325.37 feet to a point; running thence North 83° 31' 21" West, a distance of 354.21 feet to a point; running thence North 07° 25' 30" East, a distance of 966.12 feet to a point in the center line of a creek; running thence easterly along the center line of said creek having a chord bearing of South 81° 45' 22" East for a distance of 248.30 feet to a point in said center line of the creek; running thence South 07' 25' 30" West, a distance of 342.82 feet to a point; running thence South 18° 00' 06" East, a distance of 130.0 feet to a point; running thence North 71° 59' 54" East, a distance of 150.00 feet to a point on the former right of way of E.C. & N . Railroad; running thence South 18° 00' 06" East along said right of way, a distance of 666.12 feet to a point; running thence South 68° 18' 25" West, a distance of 120.40 feet to a point; running thence South 67' 09' 45" West, a distance of 345.20 feet to a point; running thence South 60° 00' 58" West, a distance of 122.33 feet to a point; running thence North 840 00' 29" West, a distance of 150.00 feet to a point; running thence South 06° 18' 04" West, a distance of 264.00 feet to a point in the above mentioned right of way of Honness Lane; running thence North 84' 19' 02" West along said right of way of Honness Lane, a distance of 50.0 feet to the point or place of beginning; containing 18.9 acres of land, more or less. The above described premises are more particularly shown on a survey map entitled "MAP SHOWING A PORTION OF LANDS OF ENOS PYLE," made by F. Donald McKee, Land Surveyor #32422, dated June 20, 1972, revised July 26, 1972, a copy of which has been filed with the Town Clerk. A - 28 1/9/90 LOCAL LAW NO. 3 - 1983 A LOCAL LAW AMENDING THE ZONING ORDINANCE OF THE TOWN OF ITHACA BY CHANGING THE ZONING CLASSIFICATION TO MULTIPLE RESIDENCE DISTRICT FROM A RESIDENCE DISTRICT R15 A PARCEL OF LAND IN THE TOWN OF ITHACA. TOMPKINS COUNTY. NEW YORK. LOCATED ON THE NORTH SIDE OF EAST KING ROAD DESIGNATED ON THE CURRENT TAX ASSESSMENT MAP OF THE TOWN OF ITHACA ON PARCEL NO. 44-1-4.3, (as amended by Local Law No. 3 - 1987 and Local Law No. 6 - 1988). SECTION 1. CHANGE OF ZONING DISTRICT. DESCRIPTION OF PARCEL. A Multiple Residence District is hereby established encompassing the parcel consisting of about 30 acres of land located on the north side of East King Road and designated on the current tax assessment map of the Town of Ithaca as Tax Parcel 44-1-4.3 more particularly described in Schedule A entitled "Description of Parcel on the north side of East King Road which is established by this Local Law as a Multiple Residence District." SECTION 2. LEGISLATIVE BASIS AND PURPOSE OF THIS LAW. A. RESOLUTION This Local Law has been enacted pursuant to the Resolution adopted by the Town Board on February 7, 1983, a copy of which is attached hereto. Provisions of said Resolution constitute findings, determinations and statements of purposes for the enactment of this law. B. TOWN ZONING ORDINANCE PROCEDURE FOR ESTABLISHMENT OF MULTIPLE RESIDENCE DISTRICT. a. Article IX of the current Zoning Ordinance (adopted February 12, 1968, effective February 26, 1968) sets forth the procedure for the establishment of the Multiple Residence District and authorizes the Town Board to establish a Multiple Residence District by defining the boundaries thereof, approving the general site plan and imposing any modifications and additional requirements as the Town Board may determine. SECTION 3. MODIFICATIONS AND ADDITIONAL REOUIREMENTS. A. The provisions of paragraphs "A", "B", and "C" of Section 1 of the Resolution referred to above which is attached hereto contain modifications, conditions, and requirements relating to the rezoning of the subject parcel into a Multiple Residence District and its development by the construction thereon of multiple family units. The aforesaid paragraphs A - 29 1/9/90 "A", "B", and "C" are incorporated into this Local Law and made a part hereof as if they had been set forth in the body of the text rather than an Appendix thereto and they shall apply to the rezoning and the development of the subject parcel except as they may be specifically modified or added to by subsequent provisions of this Local Law. B. PROVISIONS AS TO THE 6 ACRE PARCEL BUFFER ZONE, ON THE WESTERLY SIDE OF THE SUBJECT PARCEL CONTAINED IN SAID RESOLUTION, ARE AMENDED AS FOLLOWS: 1. The provisions of Section 1.C.i are expanded to include the requirement that no trees or shrubbery shall be cut unless the owner of the parcel has obtained the duly authorized consent of the Town Planning Board. The owner shall give a written notice of at least 4 weeks to the Town Engineer or such other person or agency of the Town as the Town Planning Board may designate requesting the consent of the Town Planning Board and setting forth the management practices which would require such action to be taken. The Town Planning Board shall review the request and act promptly in giving or denying its consent. 2. The driveway referred to in Section 1.C.ii. shall not be constructed until a building permit has been obtained from the Town Engineer in accordance with the provisions of the Town Board Resolution concerning this matter. 3. The Town Planning Board may require the owner of the subject parcel to submit information and documents from time to time in order to determine that there is compliance with the requirements of this law. C. No buildings and residential units in excess of those approved by the Town Planning Board on January 18, 1983 shall be permitted and the construction, development and use must comply in all respects with the site plans and conditions of approval and rezoning adopted by the Town Planning Board on January 18, 1983 and by the Town Board on February 7, 1983 and with the Revised Plan as approved by the Planning Board on January 20, 1987, and no variance in the construction, development, and use of the parcel shall be permitted except as may be permitted by the Town Planning Board, or by the Zoning Board of Appeals or, by such person or agent of the Town as the Planning Board may designate in the case of such minor changes which do not increase the size or scope of the project or vary the intended use of the site. A - 30 1/9/90 SECTION 4. RECLASSIFICATION OF ZONING. A. The sovereign power of the Town to enact and amend the Town's Zoning Regulations is not affected by the enactment of this Local Law. Without limiting the foregoing declaration, the Town, at the option of the Town Board, may review the status of the development of, and the extent of construction of improvements on, the subject parcel and other factors reasonably affecting the area and community within which the subject parcel is located, the protection and enhancement of the Town's physical and visual environment and to promote the government, protection, and the health, safety and well-being of the inhabitants or property in the Town, and, at its option, the Town Board may amend the Town Zoning Regulations by changing the classification of the subject parcel or any portion thereof, to a Residential R15 or such other district as the Town Board may determine. B. The Town now makes a legislative finding that the owner would reasonably require a period ending September 30, 1991, to commence and complete the construction of the Phase or Stage I and II improvements on the project as shown on the Preliminary Plat of the Butterfield Cluster Subdivision made by George Schlecht, P.E., L.S. dated April 5, 1988, as the same may be hereafter modified with the approval of the Planning Board in accordance with other provisions of the law. C. Any building permit issued subsequent to the enactment of this law may be revoked or modified at the option of the Town Planning Board if: (i) construction of Phases or Stages I and II has not been substantially commenced by October 1, 1988, or (ii) construction of Phases or Stages I and II has not been substantially completed by September 30, 1991. The time within which such building permit shall be effective may be extended, if good cause is shown, by the Town Planning Board. A - 31 1/9/90 SCHEDULE A DESCRIPTION OF PARCEL ON THE NORTH SIDE OF EAST KING ROAD WHICH IS ESTABLISHED BY THIS LOCAL LAW AS A MULTIPLE RESIDENCE DISTRICT ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Ithaca, County of Tompkins, State of New York, being a part of Military Lots 89 and 99 (Old Town of Ulysses) and described as follows: Beginning at a point in the northeasterly boundary of the existing King Road East (County Road No. 179) said point being the following two courses and distances from the intersection of the northerly boundary of the existing King Road East and the westerly boundary of the existing Troy Road; thence (1) North 82° 02' 47" West 1081.53 feet and thence (2) westerly and northwesterly on a curve to the right having a radius of 975.0 feet, a distance of 211.07 feet to the point and place of beginning of the premises intended to be described herein; thence (1) northwesterly on a curve to the right having a radius of 975.00 feet a distance of 235.12 feet; thence (2) North 55' 49' 33" West along the said northeasterly boundary of the existing King Road East a distance of 1731.85 feet to a point on the division line between the property of Schuylkill Inventors, Inc., on the east and the property now or formerly owned by Cornell University on the west; thence (3) North 90 18' 00" East along said division line a distance of 455.00 feet to a point; thence the following fifteen courses and distances through the property now or formerly owned by Schuylkill Investors, Inc.: (1) North 57° 01' 430 East, a distance of 221.09 feet; thence (2) South 79° 16' 23" East, a distance of 327.73 feet; thence (3) North 85' 47' 58" East, a distance of 177.48 feet; thence (4) South 16' 55' 39" East, a distance of 96.17 feet; thence (5) South 53° 58' 21" East, a distance of 163.22 feet; thence (6) South 48° 57' 27" East, a distance of 225.40 feet; thence (7) South 230 01' 32" East, a distance of 217.31 feet; thence (8) South 39° 37' 09" East, a distance of 708.82 feet; thence (9) South 67° 50' 59" East, a distance of 122.00 feet; thence (10) South 34° 54' 43" East, a distance of 234.14 feet; thence (11) South 37° 07' 34" East, a distance of 268.40 feet; thence (12) South 52' 52' 26" West, a distance of 40.00 feet; thence (13) North 37° 07' 34" West, a distance of 293.00 feet; thence (14) South 380 301 36" West, a distance of 208.19 feet; thence (15) South 250 27' 00" West, a distance of 126.43 feet to the point or place of beginning, containing 30.566 acres of land. For further description, reference is hereby made to a map of King Road Development Corporation made by Erdman, Anthony Associates, Consulting Engineers, Rochester, New York, dated May 15, 1973. A - 32 1/9/90 RESOLUTION CONSIDERING AN APPLICATION FOR THE AMENDMENT OF THE TOWN ZONING ORDINANCE BY REZONING FROM RESIDENTIAL 15 TO MULTIPLE RESIDENCE DISTRICT A PARCEL OF LAND LOCATED ON THE NORTHERLY SIDE OF EAST KING ROAD, 30+ ACRES, TAX PARCEL 6-44-1-4.31, NOW REFERRED TO AS MAJESTIC HEIGHTS, MADE BY BILL J. MANOS, APPLICANT, OWNER AND DEVELOPER. (As amended through February 9, 1987) . RESOLUTION NO. 13 Motion by Councilman Cramer; seconded by Councilwoman Raffensperger; WHEREAS, 1. The applicant, Bill J. Manos, has applied to the Town Board to rezone from a Residential 15 District to a Multiple Residence District, a parcel of land consisting of approximately 30 acres of land, designated as tax parcel 6-44-1-4.31, and which is located on the northerly side of East King Road, and 2. The applicant has presented to the Planning Board and received final site plan approval for the construction of 17 buildings which will contain a total of 119 dwelling units in the proportion of three (3) 2-bedroom units to four (4) 1-bedroom units, and one service building which will contain storage space for the occupants of each dwelling unit, a laundry, and storage space for necessary maintenance equipment, and a one family dwelling which will be built for and initially occupied by Mr. Manos and his family, and 3. The applicant has complied with the provisions of Local Law #3-1980 relating to the environmental review of actions in the Town of Ithaca and the Planning Board as lead agency has conducted a coordinate SEQR review on both the application for rezoning and the site plan review and has determined that the project as proposed and the amendment of the Zoning Ordinance will have no significant environmental impact and a notice of such determination has been filed with all interested agencies, and 4. The Town Planning Board has recommended the adoption of the amendment to the Zoning Ordinance creating the Multiple Residence District and has given final approval to the site plan, and 5. The Town Board has reviewed the site plan approval, the minutes of the proceedings held by the Planning Board and all other relevant documents and has complied with all requirements of law governing the giving, posting and publishing of the notice A - 33 1/9/90 of intention to amend the Town Zoning Ordinance and to hold a public hearing in connection therewith for the purpose of this project, and 6. It has been determined that there is a need for an increase in renting housing in the Town of the type which will be afforded by the Manos development, and 7. Cornell University has been interested in the development of these lands because of their proximity to the South Hill Swamp and a parcel of land having ecological significance which is owned by Cornell University, Tax Parcel 6-44-1-3; but Cornell and the applicant have reached mutual agreement regarding pertinent aspects of the construction, development, and use of lands for the purposes of this project, including, amongst other matters, the setting apart by the applicant of a buffer zone, shown on the site plan filed in the office of the Town Engineer January 18, 1983, and containing approximately six acres, and adequate provisions for drainage and limitation on the construction and use of a twenty-five (25) foot lane in or adjacent to the buffer, and a further limitation on permitting pets and the use of herbicides, pesticides, chemicals and similar matters; THEREFORE, IT IS RESOLVED AS FOLLOWS: 1. The Town Attorney shall prepare an ordinance or local law which shall provide for the amendment of the Zoning Ordinance of the Town of Ithaca by changing the parcel consisting of 30+ acres, Tax Parcel 6-44-1-4.31 as shown on the maps and site plans submitted to and approved by the Planning Board and now on file in the Town Offices from Residential 15 to Multiple Residence, with particular reference to the following conditions and matters: A. The applicant shall submit a surveyor's map satisfactory to the Town Engineer and Town Attorney together with a proposed description which will sufficiently identify the rezoned parcel, and B. The project shall be constructed, developed and used in accordance with the site plans approved by and filed with the Planning Board, and in accordance with the site plans approved by and filed with the Planning Board, and in accordance with the final landscaping, engineering, and site plans which reflect all the concerns and requirements of the Planning Board concerning fire safety, environmental quality, energy efficiency, aesthetic suitability, screening and protection of parking areas, soil stabilization of disturbed grounds and other matters which fall within the Planning Board's properly delegated site plan review powers, and in accordance with the conditions of this resolution, A - 34 1/9/90 and the conditions, provisions, and requirements of all applicable laws, ordinances, codes, rules and regulations, and C. With particular relevance to ecological matters, the applicant shall comply with the requirements and mitigating measures set forth in Part III of the Environmental Assessment Form filed in the SEQR proceedings conducted by the Planning Board on January 18, 1983, [See amendments to these requirements contained in 1987 Local Law Number 3] and, without limiting the generality of any other provisions contained in this resolution, i. The applicant shall maintain the buffer zone consisting of about 6 acres on the westerly side of the applicant's lands as shown on the site plans and map; such parcel shall be maintained in its natural state and no trees or shrubbery shall be cut except as may be required by good forest management practices; no improvement shall be erected thereon and suitable signs shall be erected identifying the perimeter of the parcel and forbidding trespassing, and ii. The applicant may construct a driveway running northerly from East King Road along the easterly side of the said six acre parcel shown on the site plan and map; such road shall be constructed in accordance with the specifications of the Town Engineer and shall not exceed twenty-five (25) feet in width, and iii. The use of such driveway shall be limited to access for persons and vehicles to and from East King Road to the northerly portion of only those lands of the applicant which are the subject of this resolution and it may not be extended beyond the northerly boundary of such lands of the applicant, and iv. The driveway is for the benefit of the owner of the subject parcel and the occupants of such lands; no right to use such driveway for the benefit of or for ingress to or from any other land shall be permitted, and V. Applicant has informed the Town Board that he has an option to acquire adjacent lands on the north of the subject parcel, the descriptions and area of which have not been divulged to the Town; this section of the resolution is not intended to deprive the present applicant of his right to seek a review of the provisions concerning the driveway, whether in connection with an application for a site plan or subdivision approval or otherwise, and the proposed legislation should contain certain provisions that will insure that additional use of the driveway, as now approved, through the subject parcel shall be reviewed by the Planning Board, only if the present applicant seeks such review in connection with the acquisition of title to the adjacent lands on the north by the present applicant and that A - 35 1/9/90 whether or not such additional use shall be permitted is not guaranteed in advance but shall be a matter of determination by the appropriate governmental body at the time, and vi. With the exception of pets such as birds, fish or caged animals, pets shall not be permitted on the premises; the intention of this restriction is to prohibit the presence of animals which may cause ecological damage to flora and fauna in the swamp area, and vii. The applicant's leases shall contain suitable provision prohibiting pets and advising occupants about the conditions against trespassing in the buffer area and stressing the importance of protecting the South Hill Swamp from any adverse impact because of unauthorized use by the public, and viii. The Applicant agrees to minimize the use of pesticides and other chemicals such as road salt or calcium throughout the project area in order to limit the possibility that significant levels may intrude into the groundwater of the South Hill Swamp and thereby alter the ecological balance within the sensitive area, and ix. The applicant agrees to consult and work with the staff of the Cornell Plantations or other Cornell representatives in order to insure the continued hydrological integrity and stability of the South Hill Swamp, and D. The proposed legislation shall provide that the change in zoning from Residential 15 to Multiple Residence District has been enacted by the Town Board on the condition that no buildings and residential units in excess of those approved by the Planning Board, and by this resolution, shall be permitted and that the construction, development and use must comply in all respects with the site plans and conditions of approval and rezoning adopted by the Planning Board and the Town Board and no variance in the construction, development and use of the parcel shall be permitted except as may be permitted by the Town Planning Board with the approval of the Town Board. E. The foregoing provisions shall also be deemed to be findings, agreements and conditions on the basis of which this resolution was adopted. F. This resolution does not constitute an amendment to the Zoning Ordinance but is instead an authority to the Town Attorney and Planning Staff to prepare suitable legislation relating to the above proposal, keeping in mind the matters concerning which the Town Board has particular concerns. A - 36 1/9/90 LOCAL LAW NO. 2 - 1984 A LOCAL LAW AMENDING SECTION 1. OF ARTICLE II OF THE TOWN OF ITHACA ZONING ORDINANCE BY ADDING TO THE LIST OF PERMISSIBLE DISTRICTS WHICH MAY BE DESIGNATED AS SPECIAL LAND USE DISTRICT (LIMITED MIXED USE). Section 1. This Local Law amends Section 1 of Article II of the Town of Ithaca Zoning Ordinance by adding to the list of permissible districts which may be designated as Special Land Use District (Limited Mixed Use). Section 2. The uses permitted in such district will be such a combination of the uses permitted in a residential and agricultural district and in Business Districts A, B, and E as the Town Board may permit. The diverse uses must be combined in a unified plan. Section 3. The establishment of any such district shall lie in the sole discretion of the Town Board, as a legislative body. It shall be established by amending the Zoning Ordinance to permit such establishment. The enactment and establishment of such a district shall be a legislative act. No owner of land or other person having an interest in land shall be entitled as a matter of right to the enactment or establishment of any such district. Section 4. The provisions of the Zoning Ordinance and Planning Board Regulations, as they may be amended from time to time, and any other regulations, orders, rules and resolutions shall apply to the establishment of any such district. In addition, the Town Board may impose such conditions and restrictions governing the establishment and regulating the use of land in any such district as the Town Board deems necessary and desirable. Section 5. Subject to the provisions below, the procedures governing an application for site plan approval as provided in Section 46 and 46(a) shall apply except that: (a) Before submitting a general site plan to the Planning Board, the applicant shall submit the general site plan to the Town Board. (b) The Town Board, in its discretion, may require additional information, may refer the matter to the Planning Board for recommendation, or may establish a public hearing date on the proposed district. (c) No application for the establishment of any such district shall be referred to the Planning Board except by the Town Board. A - 37 1/9/90 (d) The Town Board may impose other procedural requirements with respect to any application or with respect to a specific application as the Town Board may deem necessary and desirable. Section 6. Projects such as the Wiggins' "La Tourelle" Project, the Rocco Lucente Sapsucker Woods Project and the Lake Shore West Project which have been in the process of being reviewed by the Town Board and the Planning Board shall be deemed to have been referred to the Planning Board and the Town Board may amend the Zoning Law to establish such Special Land Use Districts, if final approval or recommendation has been made by the Planning Board. Section 7. If any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 8. This law shall take effect immediately. A - 38 1/9/90 LOCAL LAW NO. 3 - 1984 A LOCAL LAW RELATING TO THE WALTER J. AND JOYCE Y. WIGGINS' LA TOURELLE DEVELOPMENT ON ITHACA-DANBY ROAD (ROUTE 96B). AMENDING THE ZONING ORDINANCE TO PERMIT CONSTRUCTION OF A BED AND BREAKFAST INN (as amended by Local Law 11 - 1988) WHEREAS 1. The Planning Board has extensively reviewed the proposed "La Tourelle" development of Walter J. and Joyce Y. Wiggins at public hearings duly and properly held during the Winter and Spring of 1984. 2. On June 5, 1984, the project was granted Final Site Plan Approval by the Planning Board. 3. All necessary environmental reviews have been completed, after which it was determined that the project would have no significant impact on the environment. 4. The Planning Board has determined that: (a) There is a need for the proposed use in the proposed location. (b) The existing and probable future character of the neighborhood will not be adversely affected. (c) The proposed change is in accordance with a comprehensive plan of development in the Town. 5. The Planning Board has recommended that the Zoning Ordinance be amended to permit this development as proposed and reviewed. NOW THEREFORE BE IT RESOLVED: 1. That Article II, Section 1, of the Town of Ithaca Zoning Ordinance be and hereby is amended by adding to the permissible districts itemized in said Section a district designated as "Special Land Use District #10. 2. In the event that the Town should further amend the Zoning Ordinance by adding to the list of permitted Districts a Special Limited Mixed Use District, the District described by this Local Law shall be designated as such a Mixed Use District. 3. The uses permitted in this Special Land Use District are: (a) Any use permitted in a Residential District R15. (b) The operation of a hotel or motel to be used as a Bed and Breakfast Inn, with site plan approval by the A - 39 1/9/90 Planning Board. (c) The existing construction and use of that portion of the premises now used and occupied as the L'Auberge du Cochon Rouge restaurant and the Barn Apartments as shown on the final site plans and/or the survey map of "A Portion of the Lands of Walter J. and Joyce Y. Wiggins", dated July 3, 1984. 4. This Special Land Use District includes all lots and area requirements of Residential District R15 except as modified below: (a) Side Yards: May not be less than 30 feet. (b) Spaces between Buildinas: The distance between any two structures shall be no less than the average height of both, except that a shorter distance may be allowed if the resulting space is to be used and maintained as a fire lane. (c) Heiaht: No structure shall be greater than 55 feet from the lowest point at grade to the highest point on the roof line. (d) Storevs: No more than two storeys. However, as many as four dwelling units may be constructed in the basement of the first phase of the development. 5. Notwithstanding the provisions of Section 3, above, the following particular covenants and restrictions shall govern the use of the lands in this Special Land Use District #1, otherwise known as "La Tourelle, a Bed and Breakfast Inn". (a) The only new construction and use permitted in the above district shall be a hotel or inn containing no more than 80 units for guests, and the following additional facilities, all of which construction may occur in phases: (i) Tennis courts, enclosed or otherwise. (ii) Swimming pools. (For guests of the inn) (iii) Cabanas or other similar accessory structures related to tennis courts and swimming. (iv) Pond or other body of water. (v) Restaurant or other food service establishment. (b) The exterior design, specifications, and plans for the buildings and other improvements to be constructed on the premises and the development of the grounds and construction of all outside facilities including A - 40 1/9/90 lighting and signs shall be limited to those shown on the final site plan approved by the Planning Board, June 5, 1984, and subsequent amendments thereto approved by the Planning Board, and on other designs, architects' drawings, plans, and other documents submitted to and approved by the Planning Board, and shall be in accordance with all such documents. (c) A building permit is required for the construction of any structure or building on the premises included in the special land use district including construction of parking areas, swimming pools, signs and outdoor lighting facilities. Such permits shall not be issued until the Planning Board has approved the design, specifications and site plan for such structures or buildings. (e) No portion of the outside area of the Special Land Use District shall be used for the service of food or beverages, nor any public assembly, nor dancing or musical activities; except as follows: (1) At any time subsequent to the adoption of this Local Law the Town Board may adopt regulations by resolution or by amendment of the Town Zoning Law to implement the provisions of this Local Law, which may also include a requirement that the owner or his duly authorized representative, obtain a special permit from a person designated by the Town Board for that purpose to permit the use of portions of the outdoors area in the immediate vicinity of the La Tourelle structure for limited, temporary or occasional serving of food and beverage for the guests of La Tourelle for special occasions such as weddings or other social occasions. Such regulations shall be adopted only after a public hearing has been held, notice of which has been published in the Official Newspaper, at least 5 days prior to such hearing and written notice thereof has been mailed or delivered personally to the owner of the above project, or to his duly authorized representative, and to such other owners of property, as the Town Board may direct. Until such time as such regulations may be adopted, the lands may be used for the outdoor activities, as described above, without a permit. (f) All ambient noise associated with the use of this property shall be regulated by Article VIII, Section 42 A - 41 1/9/90 of the Zoning Ordinance. (g) Ingress and egress shall be through the driveway leading to state Highway Route 96B past the restaurant as shown on the final site plan and survey map dated July 3, 1984. (h) All construction must comply with all applicable laws, codes, ordinances, rules and regulations. (i) These covenants may be enforced by the owner of any land lying within 500 feet of the boundaries of this district, and/or by the Town of Ithaca. (j) The above restrictive covenants shall run with the land and shall be incorporated in a document which shall be signed by the Owner and recorded in the Tompkins County Clerks Office. No portion of the building shall be occupied or otherwise used unless a valid Certificate of Occupancy has been issued. 6. This Special Land Use District shall be added and hereby is added to the Official Zoning Map of the Town of Ithaca at the location given in Schedule A below. 7. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. 8. The Town reserves for itself, its agencies, and all other persons having an interest, all remedies and rights to enforce the provisions of this law, including, without limitation, actions for an injunction or other equitable remedy, or action and damages, in the event the owner of the parcel covered by this law fails to comply with any of the provisions thereof. 9. This law shall take effect immediately. A - 42