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Home My WebLink AboutPB Packet 2026-10-20 TOWN OF ITHACA PLANNING BOARD Shirley A. Raffensperger Board Room, Town Hall 215 North Tioga Street Ithaca, New York 14850 Tuesday, October 20, 2026 6:30 P.M. AGENDA 1. Persons to be heard. 2. PUBLIC HEARING: Consideration of Preliminary and Final Site Plan Approval for the proposed Private Residence project at the Namgyal Monastery Institute of Buddhist Studies, located on Tibet Drive (off NYS Route 96B/Danby Road), which is located in the Medium Density Residential Zone. The project involves the construction of a 4,809 +/- square foot private residence on the eastern side of the property along with a new driveway loop and stormwater facilities. This is a Type II Action under the State Environmental Quality Review Act and is not subject to an environmental review. Namgyal Monastery Institute of Buddhist Studies, Owner; Noah Demarest, RA, RLA, STREAM Collaborative, Applicant/Agent. 3. Continue to consider a recommendation to the Town Board regarding proposed amendments to Town Code, Chapter 234, Subdivision of Land. 4. Approval of Minutes. 5. Other Business. 6. Adjournment. C.J. Randall Director of Planning 607-273-1747 Meeting materials are available at https://townithacany.gov/meeting-calendar-agendas/. The videoconferencing platform ZOOM will also be used for this meeting, and Board Member(s) may attend remotely when authorized by Town policy. The public has the right to attend in person or via videoconferencing and can access ZOOM by the links provided or by going to www.zoom.com/join or calling (929) 436-2866 and entering the Meeting ID# 83643764382. Public comments where applicable can be made in person at the meeting, by USPS to the address above, via the videoconferencing platform ZOOM, or via email to Planning@townithacany.gov until 3pm the day of the meeting. The email above is also the point of contact for people needing assistance to attend or access the meeting. All comments become a public record and are distributed to Board Members and the Applicant(s) prior to the meeting. The meeting is also broadcast and saved as a courtesy on Youtube.com/@townofithacavideo Town of Ithaca Notice of Public Hearings Planning Board Tuesday, October 20, 2026 @ 6:30 P.M. 215 N. Tioga St. Consideration of Preliminary and Final Site Plan Approval for the proposed Private Residence project at the Namgyal Monastery Institute of Buddhist Studies, located on Tibet Drive (off NYS Route 96B/Danby Road), which is located in the Medium Density Residential Zone. The project involves the construction of a 4,809 +/- square foot private residence on the eastern side of the property along with a new driveway loop and stormwater facilities. This is a Type II Action under the State Environmental Quality Review Act and is not subject to an environmental review. Namgyal Monastery Institute of Buddhist Studies, Owner; Noah Demarest, RA, RLA, STREAM Collaborative, Applicant/Agent. Meeting materials are available at https://townithacany.gov/meeting-calendar-agendas/. Board Member(s) may attend via the videoconferencing platform ZOOM when necessary. The public can access ZOOM by the links provided or by going to https://us06web.zoom.us or calling (929) 436- 2866 and entering the Meeting ID# 8364 376 4382. Public comments can be made in person at the meeting or via the videoconferencing platform ZOOM above, or by mail, or email to Planning@townithacany.gov until 3pm the day of the meeting. All comments become a public record and are distributed to Board Members and the Applicant(s) prior to the meeting. The meeting is also broadcast and saved as a courtesy on Youtube.com/@townofithacavideo C.J. Randall Director of Planning DEPARTMENT OF PLANNING 215 N. Tioga Street, Ithaca NY 14850 607-273-1747 www.townithacany.gov TO: PLANNING BOARD FROM: MICHAEL SMITH, SENIOR PLANNER DATE: OCTOBER 13, 2026 RE: NAMGYAL MONASTERY INSTITUTE OF BUDDHIST STUDIES, TIBET DRIVE PRIVATE RESIDENCE PRELIMINARY & FINAL SITE PLAN Attached are application materials for consideration of Preliminary and Final Site Plan Approval for the Private Residence project at the Namgyal Monastery Institute of Buddhist Studies, located on Tibet Drive (off NYS Route 96B/Danby Road). The project involves the construction of a 4,809 +/- square foot private residence on the eastern side of the property along with a new driveway loop and stormwater facilities. This private residence project is being proposed where the cabins, bathhouse and trails were originally shown in the 2006 approval, so those elements will not happen in the future. The proposal is scheduled for review at the October 20th Planning Board meeting. For those not familiar, the Namgyal Monastery Institute of Buddhist Studies (Ithaca) purchased the 28-acre parcel on Danby Road in 2004 and received site plan and special permit approvals in 2006 for the five main buildings (shrine, community building, monks’ residence, and two student residence buildings) along with the entrance drive, parking lots, walkways, and stormwater facilities. They have also received additional approvals for the entrance gate and paving portions of the parking and entrance drive. In 2021 they received site plan approval and special permit for the construction of a new 9,230 square foot, two-story building, containing the library, exhibit space, a reading room, a great hall for events, a meeting room, and office and storage space (the Library and Learning Center). This project also included an entry plaza, paving an existing gravel parking area, a walkway/path, landscaping, outdoor lighting, and stormwater facilities. An additional site plan modification approval in 2023 included adding a concrete pad and pavilion, retaining walls, sculptures, flag poles, site lighting, an entry fence/gate with lighting, and other site improvements. Additional information about the Namgyal Monastery Institute and the programs and activities on the Ithaca property can be found on their website at https://www.namgyal.org/. Zoning: This project is located within the Medium Density Residential (MDR) Zone and is classified as “Semi-Rural Neighborhood” on the Town’s Future Land Use / Character Map (2014). The proposed project requires site plan approval from the Planning Board, since this project was not shown on previous approved site plans. While the actual structure is a single- family residence, it is located on the Namgyal Monastery property and is part of the “church or other places of worship, convent and parish house” use in Town code (270-76 A). SEQR: Based on the size and type of structure proposed, this project is classified as a Type II Action with respect to the environmental review (6 NYCRR 617.5(c)(11). As a Type II Action, no environmental assessment forms or SEQR resolution has been provided. Stormwater: The applicants have provided an updated full Stormwater Pollution Prevention Plan (SWPPP) for this property, incorporating the newly proposed Private Residence. The applicants have also provided related drawings for utilities, grading, drainage, and erosion and sediment control. Included in the packet are the first few pages of the SWPPP Volume I, but please let me know if anyone would like to review the full SWPPP. The Town of Ithaca Engineering Department has reviewed this updated SWPPP and will be providing a memo outlining several comments that would need to be addressed before a building permit can be issued. Please call me at 607-273-1721 (ext 123) or email me at msmith@townithacany.gov if you have any questions prior to the meeting. cc: Noah Demarest, RA, RLA, STREAM Collaborative David O’Shea, P.E., T.G. Miller P.C. DEPARTMENT OF ENGINEERING Stormwater, Sanitary Sewer, Potable Water, Roads, Parks, and Trails 114 Seven Mile Drive, Ithaca, N.Y. 14850 ENGINEERING@TOWNITHACANY.GOV PHONE: 607.273.1656 FAX: 607.272.6076 www.townithacany.gov Page 1 of 3 ENGINEERING MEMORANDUM FROM: Justin McNeal, Director of Engineering Emily Rodgers, Civil Engineer TO: David O’Shea, P.E, T.G. Miller PC CC: Town of Ithaca Planning Department DATE: 10/13/2026 RE: Namgyal Monastery Private Residence We have reviewed the following items:  Storm Water Pollution Prevention Plan Volume I, II, and III, dated September 21st, 2026, titled “Namgyal Monastery Private Residence”  Civil plan set titled “Private Residence Namgyal Monastery Institute of Buddhist Studies”, dated September 21st, 2026. We offer the following comments: General: 1. The printed plan set and the one uploaded to open gov are different. The printed set was reviewed, please upload the correct version to open gov. 2. An in-depth review of the sewer lateral will not begin until plans and fee are submitted for external plumbing permit approval. Some general comments: a. Applicant will need to perform pressure testing of the new lateral. This testing will need to be witnessed by the Town of Ithaca. b. The applicant will need to show the approximate location of the proposed clean outs on the plan. It is recommended to add a clean out at the connection to the existing lateral. c. Provide crossing detail for where the sewer lateral and storm sewers cross. 3. Provide the rest of the contours on the site and utility plan. Page 2 of 3 4. The bury depth of the water service should be a minimum of 5’. 5. The bury depth of the sewer should be a minimum of 4.5’. Please indicate the pipe material on the plan sheet. Stormwater The materials were reviewed against the following for compliance:  New York State Stormwater Management Design Manual, 2024 (DM)  New York State Standards and Specifications for Erosion and Sediment Control Manual, 2016 (Bluebook).  Town of Ithaca Code Chapter 228. 1. The DEC does not require a full SWPPP with post practices for this project due to it being a single-family residence. Please revise page 5 of Volume 1 to reflect that this is required based on Town Code only. 2. Prior to issuance of a building permit the existing stormwater operating, maintenance, and reporting agreement will need to be revised. 3. Prior to issuance of a building permit the existing stormwater access easement will need to be revised. 4. The complete SWPPP and associated documents will need to be uploaded to OpenGov under a SWPPP application once they have been approved. Permit will not be issued until application is complete and the associate fee is paid. 5. Provide a landscaping plan for the proposed stormwater practices. 6. Provide calculations showing that the existing catch basins and culverts have enough capacity to convey the stormwater from the new impervious area. 7. 10% pre-treatment is required for the mircopool. In the narrative, identify where pre-treatment is occurring. If you intend to use the existing pre-treatment for the micropool provide calculation supporting this. 8. Silt fence should be installed down slope of the staging area. 9. Provide details for the micropool embankment. 10. Provide update WQV calculations for the mircopool. Page 250 of volume 3. 11. A portion of the new driveway appears to be flowing to the existing bioretention sub catchment. Please provide calculation showing the filter can handle additional flow or redirect the flow. Page 3 of 3 12. Contour error on sheet C103. 13. Dewatering of the existing ponds may be required during construction. Please provide a detail for a geo-textile filter bag if this is anticipated. 14. The new retention area in the driveway should be included in the Hydro cad. A depth should be noted on the plans. 15. Will the check dams be removed once construction is complete? If so, please note this in the sequence. 16. A preconstruction meeting with the Town of Ithaca is required before construction begins, please note this in the construction sequence. 17. Include amened soil requirements for the filter path from table 5.11 on drawings. 18. According to table 5.11 in the DM the max filter path slope is 5%. Based on the contours the current slope is 7%, please revise. If the slope greater that 2” turf reinforcement is required. 19. Runoff may not be directed into the new Mircopool area or rooftop disconnect until there is 80% vegetative cover. This should be reflected in the construction sequence. 20. Please delineated the safety bench area for the mircopool on the plan set. This area should be included in the new access easement. 21. Please revise detail 3 on Sheet C502 to be consistent with the Bluebook. The silt log must be a minimum of 12” when the disturbance is over 0.25 acres, Pg. 1 PROPOSED RESOLUTION: Preliminary & Final Site Plan Approval Namgyal Monastery - Private Residence Tax Parcel No. 43.-2-10 Tibet Drive Town of Ithaca Planning Board, October 20, 2026 WHEREAS: 1. The proposal is the consideration of Preliminary and Final Site Plan Approval for the proposed Private Residence project at the Namgyal Monastery Institute of Buddhist Studies, located on Tibet Drive (off NYS Route 96B/Danby Road), which is located in the Medium Density Residential Zone. The project involves the construction of a 4,809 +/- square foot private residence on the eastern side of the property along with a new driveway loop and stormwater facilities. This is a Type II Action under the State Environmental Quality Review Act and is not subject to an environmental review. Namgyal Monastery Institute of Buddhist Studies, Owner; Noah Demarest, RA, RLA, STREAM Collaborative, Applicant/Agent, and 2. In accordance with 6 NYCRR State Environmental Quality Review, Section 617.5(c)(11) “construction or expansion of a single-family, a two-family or a three-family residence on an approved lot including provision of necessary utility connections as provided in 617.5(c)(13) and the installation, maintenance and/or upgrade of a drinking water well or a septic system, or both, and conveyances of land in connection therewith” is a Type II Action and is therefore not subject to further environmental review, and 3. The Planning Board, at a public hearing held on October 20, 2026, has reviewed and accepted as adequate the “Site Plan” (sheet 10F1, dated 9/24/2026) and two sets of drawings entitled “Private Residence Namgyal Monastery Institute of Buddhist Studies Schematic Design” including sheets G000, A201, A202, and L100 (all dated 09/24/2026) and “Private Residence Namgyal Monastery Institute of Buddhist Studies For Site Plan Approval” including sheets C000, C100, C101, C102, C103, C104, C501, and C502 (all dated 09/21/2026), and other application materials, NOW THEREFORE BE IT RESOLVED: 1. That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Site Plan Approval, as shown on the Preliminary and Final Site Plan Checklists, having determined from the materials presented that such waiver will result in a significant alteration of neither the purpose of site plan control nor the policies enunciated or implied by the Town Board; 2. That the Town of Ithaca Planning Board hereby grants Preliminary and Final Site Plan Approval for the proposed Private Residence at the Namgyal Monastery Institute of Buddhist Studies, as described in the materials listed in Whereas #3 above, subject to the following conditions: a. Before issuance of a building permit, completion to the satisfaction of the Town Engineer of the items in the Town of Ithaca Engineering Memo dated October ___, 2026, and b. Before issuance of a building permit, submission, review, execution, and filing of an updated Stormwater Operation, Maintenance and Reporting Agreement to include the new stormwater management facilities, with the Town of Ithaca, specifying the ownership and maintenance Pg. 2 responsibilities for the additional stormwater facilities, including: i. Submission of an updated access easement, or other mechanism, to assure Town of Ithaca access to the new stormwater facilities, ii. Review and approval of the updated access easement and the updated Stormwater Operation, Maintenance, and Reporting Agreement by the Attorney for the Town and the Town Engineer, iii. Town Board authorization to allow the Town Supervisor to sign any necessary easements and the updated Stormwater Operation, Maintenance, and Reporting Agreement associated with the project. 605 W State Street, Suite 1 | Ithaca, NY 14850 | phone 607-272-6477 | fax 607-273-6322 | www.tgmillerpc.com David A. Herrick, P.E. Owen B. Barden, P.E. David L. O’Shea, P.E. Dondi M. Harner, P.E. LEED A.P., C.P.E.S.C. Lee Dresser, L.S. Dustin H. James, L.S. September 21,2026 C.J. Randall, LEED AP ND Director of Planning Town of Ithaca 215 N Tioga St Ithaca NY 14850 Re: Namgyal Monastery Private Residence Site Plan Dear Ms. Randall, We are pleased to submit this application for consideration by the Planning Board for a site plan modification at the Namgyal Monastery. The Monastery proposes to construct a private residence on the existing campus, together with associated site improvements for vehicular access, utilities, and stormwater management. The Namgyal Monastery campus currently consists of the existing monastery building, two student dormitories, a communal residence for the monks, and associated parking, pedestrian facilities, and utilities. A Full Stormwater Pollution Prevention Plan (SWPPP) was prepared in 2006 for these campus improvements. Several improvements identified in the 2006 SWPPP have not been constructed, including five cabins, a bathhouse, the eastern gravel trail, the walk and terrace located northwest of the dormitories, and the arts building. The Dalai Lama Library is also located on the campus and was addressed through a separate Full SWPPP prepared in 2021. Since preparation of the prior SWPPPs, the Monastery has completed several additional campus improvements, including three pavilions, a large wooden deck, a yurt, and a prayer wheel. These improvements were not incorporated into either of the prior SWPPPs and collectively represent approximately 0.07 acres of impervious surface. As part of this site plan modification, the Monastery proposes to remove from the approved site plan the five cabins, bathhouse, eastern gravel trail, and walk and terrace northwest of the dormitories that have not been constructed. The removal of these improvements represents approximately 0.23 acres. When combined with the incorporation of the existing pavilions and wood deck, this results in a net decrease of approximately 0.16 acres of impervious surface relative to the 2006 SWPPP. This calculation is exclusive of the Dalai Lama Library project and the proposed Residence Project. The proposed modification therefore updates the previously approved campus plan to accurately reflect improvements that have been constructed and improvements for which there is currently no established construction timeline. This approach also allows the Monastery to utilize existing, previously installed infrastructure in support of the proposed Residence Project and its associated site and stormwater management requirements. Respectfully, David L. O’Shea, P.E. Project Manager CLIMATE ZONE 5A ECCC OF NYS 2025 PRESCRIPTIVE COMPLIANCE TABLES R402.1.2 AND/OR R402.1.3 FENESTRATION U-FACTOR SKYLIGHT U-FACTOR FENESTRATION SHGC CEILING WALL MASS WALL BASEMENT SLAB REQUIRED 0.27 0.50 NR U=0.026 R=49 U=0.045 R=30 or 20+5 or 13+10 or 0+ 20 U=0.060 R=15/20 U=0.050 R=15ci or 19 or 13+5ci U=0.48 R=10ci, 4 FT PROPOSED 0.27 N/A 0.27 R50+14+12ci R15ci N/A R15ci, FULL SLAB FLOOR U=0.033 R=30 or 19+ 7.5 or 20 ci N/A CRAWLSPACE U=0.055 R=15ci or 19 or 13+5ci R=15ci HEATED SLAB U=0.55 R=10ci, 4 FT and 10 full slab R15ci, FULL SLAB APPLICABLE CODES Residential Code of New York State 2025 Energy Conservation Construction Code of New York State 2025 Town of Ithaca Energy Code Supplement Local zoning requirements PROJECT SUMMARY • Building Type:Single-Family residence • Construction Type: VB -Wood-framed, engineered floor and roof trusses • Stories:1 • Occupancy:R-3 Residential • Use:Residential • Heating/Cooling:Air-source heat pump • Climate Zone:5A SITE & FIRE SEPARATION • Distance to Side Lot Line: >5 ft • Exterior Wall Rating:N/A • Openings:No restrictions • Wall Continuity:N/A • Roof/Eave Protection: N/A LIFE SAFETY • Smoke Alarms: Bedroom, outside sleeping area, and each story • Carbon Monoxide Alarms: Combination Smoke/CO • Heat Detection: N/A • Emergency Escape & Rescue: Bedroom window sized per IRC egress requirements CODE REVIEW STRUCTURAL OVERVIEW • Foundation: Reinforced concrete slab with stem wall • Floor System: Engineered wood framing supporting ADU above garage protected by 5/8" GWB ceiling. Floor joist drawings to be submitted by fabricator • Roof System: Engineered wood trusses or I-Joist rafters with vented attic. Roof trusses to be submitted by fabricator • Lateral System: Structural sheathing and braced wall panels per IRC ENERGY CODE COMPLIANCE Slab & Foundation • R-10 GPS insulation under full slab • Stem Wall Insulation R-15 continuous exterior GPS insulation Walls • R-12 3-1/2" Wood Fiber continuous insulation + R-14 wood fiber cavity • Exterior wall assemblies maintain continuous air barrier with weather-resistive barrier integrated with exterior sheathing system. Fenestration • Windows & Doors U-0.27 or better Floor/Ceilings • N/A Roof • R-50+ blown in cellulose insulation • 1-1/2" vent separation from insulation w/ 1/4" maximum vent openings (1" min) • Flashing installed at all openings and roof transitions. Mechanical Systems • Heating & Cooling: Air-source heat pump -product data sheets to be submitted by contractor • Ventilation: ERV Mechanical ventilation per IRC requirements • Ducts Located within conditioned space where feasible • All penetrations sealed for air barrier continuity and fire caulked between garage and dwelling space 4,809 SF+/- MAIN FLOOR 24'-10" 41'-2" 24'-10" 18 ' - 0 " 1 6 ' - 0 " 1 8 ' - 0 " 6 ' - 0 " 30'-0" 30'-0" 30'-0" STREAM Collaborative architecture + landscape architecture dpc 108 W. State St. Fl 2 Ithaca, New York 14850 ph: 607.216.8802 www.streamcolab.com DESIGN TEAM Architect: Noah Demarest RA, RLA STREAM Collaborative 607.216.8802 Builder: Edger Enterprises, Inc. Bryan Westerfer 607.481.4274 A 1 2 3 BCD Project # Date PR E L I M I N A R Y N O T F O R C O N S T R U C T I O N PROJECT NORTH TRUE NORTH9/ 2 4 / 2 0 2 6 1 : 2 8 : 5 0 P M G: \ M y D r i v e \ P R O J E C T S \ 2 0 2 6 0 0 8 - N A M G Y A L R E S I D E N C E \ 0 1 D R A W I N G S \ 0 1 . 0 2 R E V I T ( N O T C E N T R A L F I L E S ) \ 2 0 2 6 0 0 8 - N a m g y a l R e s i d e n c e . r v t SCALE: As indicated Private Residence Namgyal Monastery Institute of Buddhist Studies 201 Tibet Drive TOWN OF ITHACA. NY ZONING DISTRICT: Medium Density Residential G000 COVER SHEET 2026008 Pr i v a t e R e s i d e n c e 9/24/26 Na m g y a l M o n a s t e r y I n s t i t u t e o f B u d d h i s t S t u d i e s 20 1 T i b e t D r i v e TO W N O F I T H A C A . N Y ZO N I N G D I S T R I C T : M e d i u m D e n s i t y R e s i d e n t i a l SCHEMATIC DESIGN SC H E M A T I C D E S I G N DRAWING LIST DRAWING NUMBER DRAWING NAME 01 - GENERAL G000 COVER SHEET 04 - LANDSCAPE L100 SITE PLAN 05 - STRUCTURAL S100 FOUNDATION PLAN S101 FRAMING PLAN - 1ST FLOOR S102 FRAMING PLAN - ROOF 06 - ARCHITECTURAL A100 ILLUSTRATIVE FLOOR PLAN A101 FIRST FLOOR PLAN A102 ROOF PLAN A103 RCP - 1ST FLOOR A201 ELEVATIONS A202 ELEVATIONS A301 BUILDING SECTIONS A302 WALL SECTIONS A401 ENLARGED PLANS A501 DETAILS A601 SCHEDULES A900 CONCEPTUAL PERSPECTIVES A901 PERSPECTIVES GREAT ROOM 3/32" = 1'-0"1 1ST SUBFLOOR IN PROGRESS IN PROGRESS IN PROGRESS REVISIONS Δ DESCRIPTION DATE 2 FRONT PERSPECTIVE VIEW 1ST SUBFLOOR 0.00' STANDING SEAM METAL ROOF STUCCO PAINTED FIBER CEMENT LEDGESTONE PRE-CAST SILL DECORATIVE WINDOW AWNING STUCCO TIMBER PAINTED POLYASH TRIM STONE BOULDERS 6" HALF ROUND GUTTER 1ST SUBFLOOR 0.00' MECHANICAL PLENUM 9.70' B.O. FOOTING -3.33' 1 A302 FIBER CEMENT SIDING STREAM Collaborative architecture + landscape architecture dpc 108 W. State St. Fl 2 Ithaca, New York 14850 ph: 607.216.8802 www.streamcolab.com A 1 2 3 BCD Project # Date PR E L I M I N A R Y N O T F O R C O N S T R U C T I O N PROJECT NORTH TRUE NORTH9/ 2 4 / 2 0 2 6 1 : 2 9 : 1 3 P M G: \ M y D r i v e \ P R O J E C T S \ 2 0 2 6 0 0 8 - N A M G Y A L R E S I D E N C E \ 0 1 D R A W I N G S \ 0 1 . 0 2 R E V I T ( N O T C E N T R A L F I L E S ) \ 2 0 2 6 0 0 8 - N a m g y a l R e s i d e n c e . r v t SCALE: 1/4" = 1'-0" A201 ELEVATIONS 2026008 Pr i v a t e R e s i d e n c e 9/24/26 Na m g y a l M o n a s t e r y I n s t i t u t e o f B u d d h i s t S t u d i e s 20 1 T i b e t D r i v e TO W N O F I T H A C A . N Y ZO N I N G D I S T R I C T : M e d i u m D e n s i t y R e s i d e n t i a l SCHEMATIC DESIGN SC H E M A T I C D E S I G N 0'4'2' 1/4" = 1'-0"1 WEST ELEVATION 1/4" = 1'-0"2 SOUTH ELEVATION REVISIONS Δ DESCRIPTION DATE 1ST SUBFLOOR 0.00' MECHANICAL PLENUM 9.70' B.O. FOOTING -3.33' 1ST SUBFLOOR 0.00' MECHANICAL PLENUM 9.70' B.O. FOOTING -3.33' 1/4" = 1'-0"1 EAST ELEVATION 1/4" = 1'-0"2 NORTH ELEVATION STREAM Collaborative architecture + landscape architecture dpc 108 W. State St. Fl 2 Ithaca, New York 14850 ph: 607.216.8802 www.streamcolab.com A 1 2 3 BCD Project # Date PR E L I M I N A R Y N O T F O R C O N S T R U C T I O N PROJECT NORTH TRUE NORTH9/ 2 4 / 2 0 2 6 1 : 2 9 : 3 7 P M G: \ M y D r i v e \ P R O J E C T S \ 2 0 2 6 0 0 8 - N A M G Y A L R E S I D E N C E \ 0 1 D R A W I N G S \ 0 1 . 0 2 R E V I T ( N O T C E N T R A L F I L E S ) \ 2 0 2 6 0 0 8 - N a m g y a l R e s i d e n c e . r v t SCALE: 1/4" = 1'-0" A202 ELEVATIONS 2026008 Pr i v a t e R e s i d e n c e 9/24/26 Na m g y a l M o n a s t e r y I n s t i t u t e o f B u d d h i s t S t u d i e s 20 1 T i b e t D r i v e TO W N O F I T H A C A . N Y ZO N I N G D I S T R I C T : M e d i u m D e n s i t y R e s i d e n t i a l SCHEMATIC DESIGN SC H E M A T I C D E S I G N REVISIONS Δ DESCRIPTION DATE 1195' 1194' 1190' 1191' 1192' 1194' 1189' 1190' 1187' 1186' 1184' 1184' 1185' 1186' 1187' 1188' 1189' 1190' 1189' 1191' 1192' 1193' 1195' 1196' 1197' 1198' D.S. D.S.D.S. D.S. D.S. C.O. C.O. TRAP C.O. C.O. C.O. C.O. C.O.C.O. TRAP C.O. TRAP C.O. C.O. C.O. G 1180 1185 1188 1180 1177 1178 1179 1185 1188 1188 1185 D.S. D.S.D.S. D.S. D.S. C.O. C.O. TRAP C.O. C.O. C.O. C.O. C.O.C.O. TRAP C.O. TRAP C.O. C.O. C.O. Q1020 INV=1173.0 INV=1181.9 G D.S.D.S. D.S.D.S. D.S. D.S. LAWN ASPHALT PATIO ST O R M W A T E R P O N D LAWN STREAM Collaborative architecture + landscape architecture dpc 108 W. State St. Fl 2 Ithaca, New York 14850 ph: 607.216.8802 www.streamcolab.com A 1 2 3 BCD Project # Date PR E L I M I N A R Y N O T F O R C O N S T R U C T I O N PROJECT NORTH TRUE NORTH9/ 2 4 / 2 0 2 6 1 : 2 9 : 3 7 P M G: \ M y D r i v e \ P R O J E C T S \ 2 0 2 6 0 0 8 - N A M G Y A L R E S I D E N C E \ 0 1 D R A W I N G S \ 0 1 . 0 2 R E V I T ( N O T C E N T R A L F I L E S ) \ 2 0 2 6 0 0 8 - N a m g y a l R e s i d e n c e . r v t SCALE: 1" = 30'-0" L100 SITE PLAN 2026008 Pr i v a t e R e s i d e n c e 9/24/26 Na m g y a l M o n a s t e r y I n s t i t u t e o f B u d d h i s t S t u d i e s 20 1 T i b e t D r i v e TO W N O F I T H A C A . N Y ZO N I N G D I S T R I C T : M e d i u m D e n s i t y R e s i d e n t i a l SCHEMATIC DESIGN SC H E M A T I C D E S I G N 1" = 30'-0"1 SITE PLAN REVISIONS Δ DESCRIPTION DATE 30'15'0' PROGRESS PRINT NOT FOR CONSTRUCTION OR BIDDING 10 9 9 ' 11 0 0 ' 11 0 3 ' 110 8 ' 11 1 0 ' 11 1 2 ' 11 1 5 ' 111 9 ' 111 5 ' 111 7 ' 11 0 1 ' 11 0 5 ' 11 0 9 ' 110 9 ' 1107' 11 1 9 ' PROGRESS PRINT NOT FOR CONSTRUCTION OR BIDDING PROGRESS PRINT NOT FOR CONSTRUCTION OR BIDDING 10 9 9 ' 11 0 0 ' 11 0 3 ' 110 8 ' 11 1 0 ' 11 1 2 ' 11 1 5 ' 111 9 ' 111 5 ' 111 7 ' 11 0 1 ' 11 0 5 ' 11 0 9 ' 110 9 ' 1107' 11 1 9 ' PROGRESS PRINT NOT FOR CONSTRUCTION OR BIDDING PROGRESS PRINT NOT FOR CONSTRUCTION OR BIDDING ROOFTOP DISCONNECT (RR-4) PLAN VIEW PROFILE VIEW SECTION A-A VIEW PROGRESS PRINT NOT FOR CONSTRUCTION OR BIDDING “” “” · · · PROGRESS PRINT NOT FOR CONSTRUCTION OR BIDDING Namgyal Monastery Private Residence Stormwater Pollution Prevention Plan Volume I. Narrative Town of Ithaca Tompkins County, New York Prepared for: Namgyal Institute of Buddhist Studies 201 Tibet Drive Ithaca, NY 14850 Prepared by: T.G. Miller P.C. 605 W State Street, Suite A Ithaca, New York 14850 (607) 272-6477 September 21, 2026 Namgyal Monastery – Private Residence Stormwater Pollution Prevention Plan T.G. Miller, P.C. 2. September 21, 2026 TABLE OF CONTENTS PROJECT INFORMATION 4 PROJECT NAME AND DESCRIPTION 4 OPERATOR’S NAME AND ADDRESS 4 PROJECT DESCRIPTION 4 PURPOSE AND EXTENT OF PROPOSED DEVELOPMENT 4 PROJECT DISTURBANCE AREA 5 DESCRIPTION AND LIMITATIONS OF ON-SITE SOILS 5 HISTORIC PLACES 5 WETLANDS 5 NAME OF RECEIVING WATERS 5 FLOODPLAINS 5 SEQUENCE OF MAJOR ACTIVITIES 6 POST-CONSTRUCTION STORMWATER MANAGEMENT 6 EXISTING CONDITIONS 6 FUTURE CONDITIONS 7 WATER QUALITY CONTROLS 8 RUNOFF REDUCTION VOLUME 8 WATER QUANTITY CONTROLS 9 UNDERGROUND INJECTION CONTROL PERMITS 10 STORMWATER SIGNAGE 10 BETTER SITE DESIGN 10 REDUCTION OF CLEARING AND GRADING 10 ROOFTOP RUNOFF REDUCTION MITIGATION 10 SOIL RESTORATION 10 CONTROLS 12 EROSION AND SEDIMENT CONTROLS 12 STABILIZATION PRACTICES 12 WINTER STABILIZATION 12 STRUCTURAL PRACTICES 13 OTHER CONTROLS 13 WASTE DISPOSAL 13 SANITARY WASTE 13 OFF-SITE VEHICLE TRACKING 14 HAZARDOUS SUBSTANCES AND HAZARDOUS WASTE 14 CONTAMINATED SOILS 14 MAINTENANCE/INSPECTION PROCEDURES 15 EROSION AND SEDIMENT CONTROL INSPECTION AND MAINTENANCE PRACTICES 15 INSPECTION AND MAINTENANCE REPORT FORMS 15 OTHER RECORD-KEEPING REQUIREMENTS 16 POST-CONSTRUCTION MAINTENANCE 16 SPILL PREVENTION CONTROL AND COUNTERMEASURES (SPCC) PLAN 18 MATERIALS COVERED 18 Namgyal Monastery – Private Residence Stormwater Pollution Prevention Plan T.G. Miller, P.C. 3. September 21, 2026 GOOD HOUSEKEEPING 18 HAZARDOUS PRODUCTS 18 PRODUCT SPECIFIC PRACTICES 19 PETROLEUM PRODUCTS 19 FERTILIZERS 19 PAINTS, PAINT SOLVENTS, AND CLEANING SOLVENTS 19 SPILL PREVENTION PRACTICES 19 CONTROL OF ALLOWABLE NON-STORMWATER DISCHARGES 20 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL REGULATIONS 20 CERTIFICATION AND NOTIFICATION 21 OPERATOR’S CERTIFICATION 21 ENGINEER’S CERTIFICATION ON COMPLIANCES WITH FEDERAL, STATE AND LOCAL REGULATIONS 21 SWPPP FORMS MS4 ACCEPTANCE FORM OWNER/OPERATOR CERTIFICATION FORM SWPPP PREPARER CERTIFICATION FORM NEW YORK STATE DEPARTMENT OF ENVIRONMETAL CONSERVATION NOTICE OF INTENT (NOI) CONTRACTOR AND INSPECTION FORMS CONTRACTOR CERTIFICATION LOG FORM 1 CONTRACTOR/SUBCONTRACTOR CERTIFICATION FORM 2 STORMWATER POLLUTION PREVENTION PLAN INSPECTION REPORT FORM 3 MODIFICATION REPORT FORM 4 PROJECT RAINFALL LOG FORM 5 RECORD OF STABILIZATION AND CONSTRUCTION ACTIVITIES FORM 6 FIGURES PRE-HISTORIC LIBRARY SWPPP WATERSHED MAP FIGURE 1 PROPOSED WATERSHED/COVER MAP FIGURE 2 OPERATION, MAINTENANCE, AND REPORTING AGREEMENT SWMP INSPECTION GUIDANCE CONSTRUCTION DRAWINGS COVER PAGE C000 KEY MAP C100 EXISTING CONDITIONS PLAN C101 UTILITY AND SITE PLAN C102 GRADING AND DRAINAGE PLAN C103 EROSION AND SEDIMENT CONTROL PLAN C104 DETAILS C501-C502 Namgyal Monastery – Private Residence Stormwater Pollution Prevention Plan T.G. Miller, P.C. 4. September 21, 2026 PROJECT INFORMATION Project Name and Description Namgyal Monastery – Private Residence 201 Tibet Dr Ithaca, NY 14850 Tompkins County, New York Operator’s Name and Address Namgyal Institute of Buddhist Studies c/o Ngawang Dhondup PO Box 127 Ithaca, NY 14851 PROJECT DESCRIPTION Purpose and Extent of Proposed Development The Namgyal Monastery – Private Residence project is located in the Town of Ithaca, Tompkins County, New York (Tax Map Parcel 43.-2-10). The project includes the construction of a private residence on the Namgyal campus with associated site improvements for vehicular access, utilities, and stormwater management. The Namgyal campus is composed of an existing monastery building, two student dormitories, a communal residence for the monks, and associated parking, pedestrian facilities, and utilities. A Full Stormwater Pollution Prevention Plan (SWPPP) was prepared in 2006 for these improvements. This SWPPP can be found within Volume III. These improvements have been constructed between 2007 and 2017. Five cabins, a bath house, the eastern gravel trail, the walk and terrace located to the northwest of the dormitories, and the arts building have not been constructed to date. The Dalai Lama Library is also located on the campus. A Full SWPPP was prepared for the Library in 2021. The Library and associated improvements were constructed on the campus between 2022 and 2024. This SWPPP can also be found within Volume III. Management of the stormwater runoff for the previously improved areas of the property is provided by a micropool extended detention pond located near the northwest corner of the Namgyal property. The pond is considered a ‘standard’ practice by the NYSDEC and the standards for this type of practice have not appreciably changed since it was installed. Such ponds provide full treatment of the water quality volume (WQv); however, they do not comply with more recent requirements related to the runoff reduction volume (RRv). A bioretention filter was utilized to provide the required runoff reduction volume for the Library project. In addition, improvements to the existing pond were made during the Library project to ensure overtopping during the 100-year storm event does not occur. Further improvements to the campus undertaken by the Monastery have been constructed. These improvements include three pavilions, a large wooden deck, a yurt, and a prayer wheel. The stormwater management objectives for the proposed site focus on controlling erosion and sedimentation during construction and treatment of runoff from the post-developed site. As a property disturbing greater than one acre of land, a full Stormwater Pollution Prevention Plan (SWPPP) is Namgyal Monastery – Private Residence Stormwater Pollution Prevention Plan T.G. Miller, P.C. 5. September 21, 2026 required, including both erosion controls and permanent stormwater management practices under the regulations of the Town of Ithaca and New York State Department of Environmental Conservation (DEC). Stormwater management objectives for the site include: • Providing water quality treatment and runoff reduction by means of disconnecting rooftop runoff. • Providing water quality treatment in the existing micropool stormwater pond. • Controlling sediment and erosion during construction utilizing temporary practices. • Providing stormwater detention to meet DEC’s standards for the 1-, 10-, and 100-year storm events. Project Disturbance Area Total Disturbed Area: 1.25 acres Increase in Impervious Area: 0.26 acres Description and Limitations of On-Site Soils A limited subsurface investigation to determine the properties of the on-site soil was conducted by T.G. Miller P.C. A total of five test pits were excavated within the footprint of the new building and the proposed driveway. The investigation determined the season high groundwater table is approximately 18” to 24” below the surface. A rock layer was determined to be present approximately 6’ below the surface in some locations. The Hydrologic Soil Group (HSG) is C and D based on the NRCS Web Soil Survey (see Volume II). Historic Places Based on GIS mapping available from the New York State Parks, Recreation and Historic Preservation Office website the proposed project will not impact property that lies within an archeologically sensitive area or is listed or eligible for listing on the State or National Register of Historic Places (See Volume II). Wetlands There are neither federal nor state wetlands located on, or adjacent to, the property. Refer to the State and Federal Wetland Maps (See Volume II). Name of Receiving Waters The watershed being impacted by the project drain to existing road-side ditches on Tibet Drive which discharge to an existing micropool extended detention pond at the northwest corner of the property. The pond ultimately drains to Buttermilk Creek. Floodplains Based on a review of the FEMA Flood Insurance Rate Map for the Town of Ithaca, NY (dated June 18, 2025), the project site is located in Flood Zone X (see Volume II). The FEMA definition of Flood Zone “X”, no screen is areas that are of minimal flood hazard. Namgyal Monastery – Private Residence Stormwater Pollution Prevention Plan T.G. Miller, P.C. 6. September 21, 2026 SEQUENCE OF MAJOR ACTIVITIES Major activities for each phase of this site include but are not limited to: • Installing temporary control measures as shown on plans. • Completing site clearing and grubbing. • Performing building, pavement and site grading earthwork operations. Runoff from any exposed soils to be directed to silt fence and or silt log. • Installing utilities and stormwater collection system. • Installing inlet protection on new inlets. • Installing asphalt pavements and completing grading. • Installing amended filter strips. • Soil restoration. • Installing landscaping, topsoil, seed, and mulch. • Removing temporary practices. If the Contractor or any of the subcontractors elect to use remote borrow, fill or material storage sites then such sites are not considered to be part of the project site and are not covered by the permit and this SWPPP. It shall be the responsibility of the Contractor to verify and abide by any state or local jurisdictional entity regulations related to such remote sites. The Contractor should consider this requirement in negotiating with earthwork subcontractors. POST-CONSTRUCTION STORMWATER MANAGEMENT Existing Conditions The area in the immediate vicinity of the proposed residence is best characterized as undeveloped land. Portions of the site have been previously developed. The project will disturb approximately 1.25 acres. The existing cover type is predominantly open space/lawn within the improvement area. The site slopes down generally from east to west. Runoff from the site is collected in roadside ditches and gutters. This water is then conveyed to the existing onsite drainage system. The water is ultimately conveyed to the existing micropool extended detention pond downstream at the northwest corner of the property. Runoff from areas east and upgrade of the residence will be diverted around the residence to either the north or south side roadway drainage network. The micropool extended detention pond was originally designed in the 2006 SWPPP. Review and additional analysis were conducted during the 2021 Library SWPPP. Modifications were completed on the pond during the Library project to adjust for modifications to the drainage area and the campus. Additional improvements have been constructed. These areas were not incorporated into either of the prior SWPPPs. These additional areas equate to 0.07 acres of impervious surface. We are proposing a site plan modification to remove the five cabins, bath house, eastern gravel trail, and the walk and terrace located to the northwest of the dormitories that have not been constructed. This equates to 0.23 acres. Removal of these items and incorporation of the pavilions and wood deck result in a decrease of 0.16 acres of impervious from the 2006 SWPPP. The proposed site is part of Watershed #1 (See Figure 1 – Pre-Historic Library SWPPP Watershed Map). A HydroCAD analysis was conducted during the Library SWPPP to determine the Namgyal Monastery – Private Residence Stormwater Pollution Prevention Plan T.G. Miller, P.C. 7. September 21, 2026 precondition runoff conditions of the site. The precondition is based on the condition of the campus prior to any of the approved 2006 construction. This condition is identified as Pre-Historic in the Library SWPPP. Volume II contains the corresponding watershed analysis reports. A summary of the precondition watershed characteristics is summarized in Table 1 below. TABLE 1. HYDROLOGIC DATA FOR PRE-HISTORIC CONDITION Watershed Drainage Area (Acres) Curve Number Time of Concentration (min) 1 22.45 76 53.5 Future Conditions Development of the site will include the construction of a new private residence on the Namgyal campus with associated site improvements for vehicular access, utilities, and stormwater management. The project will disturb approximately 1.25 acres and the footprint of new impervious surfaces will increase by approximately 0.26 acres. The proposed site is part of Watershed #1. (See Figure 2 – Proposed Watershed Map). A portion of the runoff from the building roofs will be collected in roof gutters and conveyed to designated filter areas. Runoff from the remainder of the roof will be collected with roof gutters and ultimately conveyed to the existing micropool extended detention pond. The pavements will sheet drain to the proposed ditches and ultimately be conveyed to the micropool pond. Disconnection of rooftop runoff (RR-4) will be utilized to provide runoff reduction from the new development. Two filter areas are proposed. Each area will treat 1,000 sq ft. These areas ultimately provide treatment for 2,000 sq ft (0.05 Ac) of impervious area, which equates to 179 cf of RRv. This represented as drainage area (DA) 3 in the GI Worksheets, which can be found within Volume II. The existing micropool extended detention pond will treat the remaining impervious cover (0.21 acres). The pond can store approximately 26,000 cf below the orifice outlet within the permanent pool. The water quality volume required for the entire water shed is 14,132 cf. This is inclusive of the private residence improvements. This is represented as DA 1 in the GI worksheets. This calculation is conservative as it does not account for the WQv provided in the filters discussed above and the bioretention installed at the Library, which ultimately increases the remaining WQv available after the project. A HydroCAD analysis was conducted with Watershed #1 to understand runoff conditions. The watershed analysis is based on the impervious area that is constructed to date, areas that are anticipated to be constructed at a later date, and the proposed impervious area associated with the private residence. A summary of the proposed watershed characteristics is summarized in Table 2 below. TABLE 2. HYDROLOGIC DATA FOR FUTURE CONDITIONS Watershed Drainage Area (Acres) Curve Number Time of Concentration (min) 1 22.60 79 53.2 Namgyal Monastery – Private Residence Stormwater Pollution Prevention Plan T.G. Miller, P.C. 8. September 21, 2026 Water Quality Controls The water quality strategy is designed to improve water quality by capturing and treating 90% of the average annual stormwater runoff volume. The required water quality volume is calculated from the following equation: WQv = P*(0.05+0.009*I)*A / 12 Where: P = 90% rainfall event (inches) = 1.00 inches (Ithaca, NY) Rv = (0.05+0.009*I) (minimum allowed value = 0.20) I = Imperviousness (%) A = Drainage Area (s.f.) Therefore: Required WQv = 1.00” * 0.38 *0.7 / 12 = 0.022-acre feet = 976 cubic feet Reduced WQv = Required WQv (GI DA 2) – RRv Roof Disconnect (DA GI 3) = 976 cubic feet– 179 cubic feet = 797 cubic feet (GI DA 4) Provided WQV: = Micropool Extended Detention Pond Permanent Pool = 26,000 cubic feet (Refer to Calculations, Volume II) Provided = WQv Provided > WQv Required, OK Calculations of the areas and volumes provide are included in Volume 2 of the SWPPP. No modifications to the micropool are proposed below the permanent water surface elevation. Runoff Reduction Volume Runoff reduction can be achieved by infiltration, groundwater recharge, recycling, or evaporation/evapotranspiration of 100 percent of the post-development water quality volumes to replicate pre-development hydrology. This can be achieved by maintaining pre-construction infiltration, peak runoff flows, discharge volumes, and minimizing concentrated flows through the use of runoff control techniques that will provide treatment in a distributed manner before runoff reaches the collection system. This requirement can be accomplished by application of on-site green infrastructure techniques, standard stormwater management practices with runoff reduction capacity, and good operation and maintenance. Site limitations are present on the site. In the case of this project low hydrologic soil ratings and the high groundwater table preclude the installation of most green infrastructure practices. As a result of these physical limitations, 100% runoff reduction of the water quality volume cannot be achieved. Projects that cannot achieve runoff reductions to pre-construction conditions must, at a minimum, reduce a percentage of the runoff from impervious areas to be constructed on the site. The percent reduction is based on the Hydrologic Soil Groups (HSG) of the site. Namgyal Monastery – Private Residence Stormwater Pollution Prevention Plan T.G. Miller, P.C. 9. September 21, 2026 The minimum runoff reduction volume required is calculated using the following equation: Min RRv = [(P) (Rv*) (Ai)] / 12 Where: P = 90% rainfall event (inches) = 1.00 inches (Ithaca, NY) Rv* = 0.05+0.009(I) Where I is 100% impervious Ai = (S)(Aic) (Aic) = Total area of impervious cover (acres) S = HSG Specific Reduction Factor = 0.55 for HSG “A” Soils = 0.30 for HSG “C” Soils = 0.20 for HSG “D” Soils Min RRv = (1.00” * [0.05+0.009(100)] * (0.20 * 0.26) / 12 = 0.004 ac-ft (174 cubic feet) The disconnection of the roof runoff will provided 179 cubic feet of runoff reduction, which is greater than the minimum required runoff reduction volume. Water Quantity Controls Modifications to the existing micropool pond are proposed to reduce peak discharges for the 1, 10, and 100-year storms to below pre-developed rates at the point of analysis. The dry storage volume of the pond will be enlarged. Table 3 summarizes the resulting peak discharge rates from the watershed. Supporting calculations can be found within Volume II. 1-yr 10-yr 100-yr 1-yr 10-yr 100-yr X-H-WS 0.671 2.188 5.645 4.3 16.36 43.37 (-4.83)(-0.38)Difference 0.087 1.571 5.223 0.26 (-0.584)(-0.617)(-0.422)(-4.04) Pre-Developed Post-Developed: Controlled (increase over pre-developed) P-WS TABLE 3 HYDROLOGIC MODELING RESULTS Runoff Volume (acre-feet)Peak Rate of Runoff (cfs) 11.53 42.99 Namgyal Monastery – Private Residence Stormwater Pollution Prevention Plan T.G. Miller, P.C. 10. September 21, 2026 Underground Injection Control Permits Stormwater drainage wells are regulated by the Environmental Protection Agency (EPA) through the Underground Injection Control (UIC) program as Class V injection wells with requirements to protect underground sources of drinking water. By definition, a Class V injection well is any bored, drilled, or driven shaft, or dug hole that is deeper than its widest surface dimension, or an improved sinkhole, or a subsurface fluid distribution system. The proposed infiltration practices have depths that are much shallower than their largest surface dimension. The proposed subsurface piping in both practices is acting as a collection system and not as a distribution system. As a result, an UIC permit is not required. Stormwater Signage The owner of post-construction stormwater management practices shall erect or post, in the immediate vicinity of the disconnected roof filter strips, a conspicuous and legible sign of not less than 18 inches by 24 inches bearing the following information: Stormwater Management Practice – Filter Strips Project Identification – (SPDES Construction Permit #) Must be maintained in accordance with O&M Plan DO NOT REMOVE OR ALTER Better Site Design In accordance with the stormwater regulations set forth by the Town of Ithaca, projects disturbing more than one acre must apply at 2 better site design techniques. These practices incorporate non- structural and natural approaches to new and redevelopment projects to reduce effects on watersheds by conserving natural areas, reducing impervious cover and better integrating stormwater treatment. Several techniques described below have been incorporated into the project in order to comply with better site design requirements and are concurrent with the Town of Ithaca standards: Reduction of Clearing and Grading Stormwater treatment is being provided by means of the existing micropool pond. Modifying the existing micropool pond is disturbing an area that was likely previously disturbed. This reduces the need to clear and grade an additional area to provide stormwater treatment. Rooftop Runoff Reduction Mitigation Runoff from the building rooftop will be directed to the filter strips. Soil Restoration Soil restoration is a required practice applied across areas of a development site where soils have been disturbed and will be vegetated in order to recover the original properties and porosity of the soil. Soil restoration is applied in the cleanup, restoration, and landscaping phase of construction followed by the permanent establishment of an appropriate, deep-rooted groundcover to help maintain the restored soil structure. The required measures of soil restoration are outlined in Table 2. Namgyal Monastery – Private Residence Stormwater Pollution Prevention Plan T.G. Miller, P.C. 11. September 21, 2026 TABLE 2. SOIL RESTORATION REQUIREMENTS Type of Soil Disturbance Soil Restoration Requirement Comments/Examples No soil disturbance Restoration not required Preservation of Natural Features Minimal soil disturbance Restoration not required Clearing and grubbing Areas where topsoil is stripped only – no change in grade HSG C & D Aerate1 and apply 6 inches of topsoil Protect area from any ongoing construction activities Areas of cut or fill HSG C & D Apply full Soil Restoration2 Heavy traffic areas on site (especially in a zone 5-25 feet around buildings but not within a 5-foot perimeter around foundations walls) Apply full Soil Restoration2 (de- compaction and compost enhancement) Areas where Runoff Reduction and/or infiltration practices are applied Restoration not required, but may be applied to enhance the reduction specified for appropriate practices. Keep construction equipment from crossing these areas. To protect newly installed practice from any ongoing construction activities construct a single-phase operation fence area 1: Aeration includes the use of machines such as tractor-drawn implements with coulters making a narrow slit in the soil, a roller with many spikes making indentations in the soil, or prongs which function like a mini-subsoiler. 2: Per “Deep Ripping and De-Compaction, DEC 2008.” The underlying soils on the project site classify as Hydrologic Soil Group “C” and “D,” requiring full soil restoration in areas of cut and fill. The required measures of full soil restoration, per the NYSDEC’s 2008 publication of “Deep Ripping and De-Compaction” are as follows: During periods of relatively low to moderate subsoil moisture, the disturbed subsoils are returned to rough grade and the following Soil Restoration steps applied: 1. Apply 3 inches of compost over subsoil. 2. Till compost into subsoil to a depth of at least 12 inches using a cat-mounted ripper, tractor- mounted disc, or tiller, mixing, and circulating air and compost into subsoils. 3. Rock-pick until uplifted stone/rock materials of four inches and larger size are cleaned off the site. 4. Apply topsoil to the depth specified on the landscaping plan. 5. Vegetate per the approved landscaping plan. Namgyal Monastery – Private Residence Stormwater Pollution Prevention Plan T.G. Miller, P.C. 12. September 21, 2026 CONTROLS Erosion and Sediment Controls A layout of applicable erosion and sediment controls measures, together with typical installation details, are depicted on sheet C104 – Erosion and Sediment Control Plan. Stabilization Practices The applicable erosion and sediment control measures shall be constructed prior to clearing or grading of any portion of the project, where applicable. Where land disturbance is necessary, temporary vegetative controls must be used on areas within 7 days of the last construction activity in that area, unless construction activities will be resumed within 14 days. In frozen ground conditions, temporary vegetative measures should be implemented as soon as practical in order to control runoff during snowmelt. Permanent vegetation should be installed within 7 days of the completion of grading activities. If the Qualified Professional determines that permanent seed cannot be applied due to climate conditions, topsoil shall not be spread and temporary mulching shall be applied to the exposed surface to stabilize soils until the next recommended seeding period. Winter Stabilization If ongoing land disturbance is performed between November 15th and the following April 1st, the project will require temporary site specific, enhanced erosion and sediment controls to manage runoff and sediment at the site to protect off-site water resources. The enhanced erosion and sediment controls are as follows: 1. Prepare a snow management plan with adequate storage for snow and control of melt water, requiring cleared snow to be stored in a manner not affecting ongoing construction activities. 2. Enlarge and stabilize access points to provide for snow management and stockpiling. Snow management activities must not destroy or degrade installed erosion and sediment control practices. 3. A minimum 25-foot buffer shall be maintained from all perimeter controls such as silt fence. Mark silt fence with tall stakes that are visible above the snow pack. 4. Edges of disturbed areas that drain to a waterbody within 100 feet will have 2 rows of silt fence, 5 feet apart, installed on the contour. 5. Drainage structures must be kept open and free of snow and ice dams. All debris, ice dams, or debris from plowing operations, that restrict the flow of runoff and meltwater, shall be removed. 6. Sediment barriers must be installed at all appropriate perimeter and sensitive locations. Silt fence and other practices requiring earth disturbance must be installed before the ground freezes. 7. Soil stockpiles must be protected by the use of established vegetation, anchored straw mulch, rolled stabilization matting, or other durable covering. a barrier must be installed at least 15 feet from the toe of the stockpile to prevent soil migration and to capture loose soil. 8. In areas where soil disturbance activity has temporarily or permanently ceased, the application of soil stabilization measures should be initiated by the end of the next business day and completed within three (3) days. Rolled erosion control blankets must be used on all slopes 3 horizontal to 1 vertical or steeper. 9. If straw mulch alone is used for temporary stabilization, it shall be applied at double the standard rate of 2 tons per acre, making the application rate 4 tons per acre. Other Namgyal Monastery – Private Residence Stormwater Pollution Prevention Plan T.G. Miller, P.C. 13. September 21, 2026 manufactured mulches should be applied at double the manufacturer's recommended rate. 10. To ensure adequate stabilization of disturbed soil in advance of a melt event, areas of disturbed soil should be stabilized at the end of each work day unless: a. Work will resume within 24 hours in the same area and no precipitation is forecast or; b. The work is in disturbed areas that collect and retain runoff, such as open utility trenches, foundation excavations, or water management areas. 11. Use stone paths to stabilize access perimeters of buildings under construction and areas where construction vehicle traffic is anticipated. Stone paths should be a minimum 10 feet in width but wider as necessary to accommodate equipment. 12. The site shall be inspected frequently to ensure that the erosion and sediment control plan is performing its winter stabilization function. If the site will not have earth disturbing activities ongoing during the “winter season”, all bare exposed soil must be stabilized by established vegetation, straw or other acceptable mulch, matting, rock, or other approved material such as rolled erosion control products. Seeding of areas with mulch cover is preferred but seeding alone is not acceptable for proper stabilization. 13. Compliance inspections must be performed and reports filed properly in accordance with the SWPPP for all sites under a winter shutdown. Structural Practices Structural erosion and sediment control practices have been classified as either temporary or permanent, according to how they are used. Temporary structural practices are used during construction to prevent offsite sedimentation. Permanent structural practices are used to convey surface water runoff to a safe outlet. Permanent structural practices will remain in place and continue to function after the completion of construction. Regardless of whether the practices are temporary or permanent, runoff control measures should be the first items constructed when grading begins, and be completely functional before land disturbance takes place. No permanent structural practices are proposed for this practice. Temporary structural practices used in this project include the following: • Silt Fence • Truck Tracking Pads • Inlet Protection • Concrete Washout Other Controls Waste Disposal All waste materials will be collected and stored in securely lidded metal dumpsters rented from a local waste management company which must be a solid waste management company licensed to do business in Tompkins County. The dumpsters will comply with all local and state solid waste management regulations. All trash and construction debris from the site will be deposited in the dumpsters. The dumpsters will be emptied as necessary, and the trash will be hauled to a landfill approved by New York State. No construction waste materials will be buried on site. All personnel will be instructed regarding the correct procedures for waste disposal. Notices stating these practices will be posted in the job site construction office trailer, and the job site superintendent will be responsible for seeing that these procedures are followed. Sanitary Waste All sanitary waste will be collected from portable units as necessary by a licensed portable facility provider in complete compliance with local and state regulations. Namgyal Monastery – Private Residence Stormwater Pollution Prevention Plan T.G. Miller, P.C. 14. September 21, 2026 Off-Site Vehicle Tracking Stabilized construction exits (Tracking Pads) will be provided to help reduce vehicle tracking of sediments. The paved streets adjacent to the site entrances will be inspected daily and cleaned with vacuum equipment or swept as necessary to remove any excess mud, dirt, or rock tracked from the sites. Dump trucks hauling material from the construction sites will be covered with a tarpaulin. The job site superintendent will be responsible for seeing that these procedures are followed. Hazardous Substances and Hazardous Waste All hazardous waste materials will be disposed of by the Contractor in the manner specified by local, state, and/or federal regulations and by the manufacturer of such products. Site personnel will be instructed in these practices by the job site superintendent, who will also be responsible for seeing that these practices are followed. Material Safety Data Sheets (MSDS's) for each substance with hazardous properties that is used on the job site will be obtained and used for the proper management of potential wastes that may result from these products. An MSDS will be posted in the immediate area where such product is stored and/or used and another copy of each MSDS will be maintained in the SWPPP file at the job site construction trailer office. Each employee who must handle a substance with hazardous properties will be instructed on the use of MSDS sheets and the specific information in the applicable MSDS for the product he/she is using, particularly regarding spill control techniques. Any spills of hazardous materials which are in quantities in excess of Reportable Quantities as defined by EPA regulations shall be immediately reported to the EPA National Response Center 1- 800-424-8802. In order to minimize the potential for a spill of hazardous materials to come into contact with stormwater, the following steps will be implemented: • All materials with hazardous properties (such as pesticides, petroleum products, fertilizers, detergents, construction chemicals, acids, paints, paint solvents, cleaning solvents, additives for soil stabilization, concrete curing compounds and additives, etc.) will be stored in a secure location, under cover, when not in use. • The minimum practical quantity of all such materials will be kept on the job site. • A spill control and containment kit (containing, for example, absorbent such as kitty litter or sawdust, acid neutralizing powder, brooms, dust pans, mops, rags, gloves, goggles, plastic and metal trash containers, etc.) will be provided at the storage site. • All of the products in a container will be used before the container is disposed of. All such containers will be triple-rinsed with water prior to disposal. The rinse water used in these containers will be disposed of in a manner in compliance with state and federal regulations and will not be allowed to mix with stormwater discharges. • All products will be stored in and used from the original container with the original product label. • All products will be used in strict compliance with instructions on the product label. • The disposal of excess or used products will be in strict compliance with instructions on the product label. Contaminated Soils Any contaminated soils (resulting from spills of materials with hazardous properties) which may result from construction activities will be contained and cleaned up immediately in accordance with the procedures given in the Spill Prevention Control and Countermeasures (SPCC) Plan and in accordance with applicable state and federal regulations. The job site superintendent will be responsible for seeing that these procedures are followed. 1 To: Planning Board Members From: Christine Balestra, Senior Planner Date: October 13, 2026 RE: Proposed Recommendation to Town Board Regarding Revised Chapter 234: Subdivision of Land Please find the following materials attached: 1. A copy of draft Town Code Chapter 234: Subdivision of Land (PB members reviewed this draft on July 7 and July 21, 2026., respectively). 2. Revised (after the Sept. 15, 2026, mtg) compiled PB comments on draft regulations. 3. Draft resolution to recommend regulations to Town Board , with blanks for PB comments. The Planning Board is anticipated to consider making a recommendation to the Town Board on the draft revised provisions at the October 20, 2026, Planning Board meeting. The attached materials are intended to facilitate this discussion. On a related note, the Town of Ithaca and other municipalities associated with the Upstate New York Chapter of the American Planning Association, hosted a workshop with Conservation Subdivision expert Randall Arendt on October 1, 2026. The 90+ attendees learned the strategies and nuances of developing subdivisions using conservation design techniques similar to those being proposed in the draft Town Code Chapter 234 . The Planning Board members that attended the workshop are encouraged to discuss what they learned from the exercises , as their experience may further shape the overall board recommendation to the Town Board. Please call me at (607) 273-1721 ext. 121 or email me at cbalestra@townithacany.gov if you have any questions. Att. 1 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations Chapter 234. Subdivision of Land 1 2 Article I: Policy and Applicability 3 § 234-1. Policy. 4 5 A. This Chapter is intended to implement the use of sound planning principles, as set forth in 6 the Town of Ithaca’s Comprehensive Plan and Park, Recreation, and Open Space Plan, for 7 the orderly, efficient, coordinated, and economical development of the Town of Ithaca. 8 Preservation of the natural beauty and topography of lands within the Town of Ithaca is a 9 priority that can be achieved by fostering appropriate development that protects agricultural 10 land/practices and environmentally sensitive areas (e.g., wetlands, floodplains, woodlands, 11 steep slopes, watercourses or bodies, viewsheds, areas of historic or archaeological 12 significance, unique natural areas and habitats, and other open space areas of importance 13 to the neighborhood or community). 14 15 B. This Chapter guides and promotes the community's physical, social, and aesthetic 16 development to preserve the character of the Town as a desirable place in which to live. 17 Proper provision is also made for stormwater management, water supply, sewerage, 18 transportation, and other associated improvements, and to otherwise promote the health, 19 safety, and welfare of the Town's inhabitants. 20 § 234-2. Relationship to other regulations and actions. 21 22 A. Other local regulations. Where any provision of this Chapter imposes restrictions that are 23 different from those imposed by any other local law or ordinance, regulation, or law, the 24 provision that is more restrictive or imposes the higher standard shall control. Unless 25 specified herein or in other Town Code chapters, procedural and other requirements 26 described in New York State (NYS) Town Law §§ 265-a, 276, 277, 278, 279, and 27 elsewhere in NYS laws shall apply to all proposed subdivisions. 28 29 B. Design and construction of site improvements shall be in accordance with the relevant 30 standards and specifications described in the Town of Ithaca Site Design and Development 31 Criteria Manual, which is on file in the Town Engineering Department. 32 33 C. Nothing in this Chapter shall prohibit the subdivider from placing additional restrictions, not 34 in violation of this Chapter, on lots within the development. 35 36 D. A subdivider shall apply for subdivision approval in accordance with this Chapter before any 37 contract for the sale of any proposed lot is made in such subdivision. 38 § 234-3. Applicability. 39 40 A. The provisions contained herein apply to all land within the Town of Ithaca, outside the 41 Village of Cayuga Heights. 42 43 B. This Chapter does not apply to property owned by the Town of Ithaca, or to the Town’s 44 acquisition of property. 45 46 C. This Chapter does not apply to a subdivision or re-subdivision that creates no more than 47 two lots where one lot is donated to, or acquired by, the City of Ithaca, Tompkins County, 48 New York State or the Federal government, or a qualified not-for-profit conservation 49 organization, for open space purposes (as defined in NYS General Municipal Law § 247) or 50 other parkland. Notwithstanding the foregoing, the following two sentences shall apply to 51 PB members: We are providing you with another copy of the most recent draft regulations for ease of reference for 10/20/26 PB mtg. discussion. 2 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations such subdivisions and re-subdivisions: Said lots must conform to zoning requirements or 52 have received the requisite variances. The resultant map shall be signed by the Director of 53 Planning and duly recorded with the Tompkins County Clerk’s office. 54 55 § 234-4. (Reserved) 56 57 Article II: Terminology 58 59 § 234-5. Internal references. 60 References herein to articles, sections, subsections, and paragraphs are to those parts of this 61 Chapter, unless context indicates otherwise. 62 63 § 234-6. Word usage. 64 For the purposes of this Chapter, certain terms and words shall be interpreted as follows: 65 66 A. Unless otherwise specifically defined herein or otherwise indicated, all words used in this 67 Chapter shall carry their customary meanings. 68 69 B. Words in the present tense include the future. 70 71 C. The singular includes the plural; and the plural includes the singular. 72 73 D. The word "shall" is mandatory. 74 75 E. The words "may" and "should" are permissive. 76 77 F. The word “lot” includes the word “parcel.” 78 79 § 234-7. Definitions. 80 As used in this Chapter, the following terms shall have the meanings indicated: 81 82 BLOCK - A parcel of land partially or entirely surrounded by streets, streams, railroad rights-of-way, 83 parks or a combination thereof, which has been subdivided into lots. 84 85 COMPREHENSIVE PLAN - A plan prepared by the Town Board, pursuant to NYS Town Law § 86 272-a, which indicates the general locations recommended for various land uses and for the 87 general physical development of the Town. 88 89 CONSERVATION EASEMENT – A restriction on the use of land, created in accordance with the 90 provisions of Article 49, Title 3 of the Environmental Conservation Law, for the purposes stated in 91 that Article, including conservation of open space, agricultural land, and sensitive environmental 92 resources, and conservation of natural, cultural, historic, or scenic resources. 93 94 DWELLING – A building designed or used primarily as the living quarters for one or more families. 95 96 DWELLING UNIT – A Dwelling, or portion of a Dwelling, providing complete living facilities for one 97 family. 98 99 EASEMENT – A grant by the property owner to the public, a corporation, an individual, or other 100 entity for the use or limitation of use of a strip or area of land for a specific purpose. 101 102 ENFORCEMENT OFFICIAL – The Director of Code Enforcement, Director of Planning, and/or 103 Town Engineer. 104 105 FLAG LOT – A type of lot that is shaped like a flag on a pole, with a narrow “pole” connected to a 106 street extending into the larger “flag” part of the lot. 107 108 3 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations GROSS AREA - The amount of land in a subdivision before rights-of-way, parks, and permanent 109 open space are deducted. 110 111 IMPROVEMENTS - Physical changes that may include, but are not limited to, all utilities, streets, 112 sidewalks, landscaping and buffering, lighting, parkland and recreation equipment, and 113 monuments. 114 115 LOT – Any area of land bounded by property lines which is not divided into parts by a street or 116 railroad. Each part of any area so divided by a street or railroad is considered an individual lot for 117 zoning and subdivision purposes. 118 119 LOT AREA – The area of a lot, excluding any portion of a public street right-of-way that may be 120 included within the deed description of the lot. 121 122 LOT LINE – A property boundary of a lot, except where the property boundary is the center line or 123 other portion of a public street, in which event the lot line is the street right-of-way line. 124 125 LOT LINE ADJUSTMENT – Alteration of existing parcel boundaries between two or more existing and 126 adjoining lots where no additional parcels are created and the other requirements of § 234-13.B are 127 met. This includes annexation of property to existing parcels. Lot Line Adjustments are not subdivisions. 128 129 OFFICIAL MAP - The map established by the Town Board pursuant to § 270 of the NYS Town 130 Law, showing streets, highways, and parks laid out, adopted, and established by law as well as 131 any amendments adopted by the Town Board or additions thereto resulting from approval of 132 subdivision plats by the Planning Board and the subsequent filing of these approved plats. 133 134 OPEN SPACE INDEX – An objective detailed list and description of the environmentally important 135 features found in all open areas in the Town based on their ecological, cultural, and historical 136 significance. The Open Space Inventory and Index are the official Town of Ithaca Open Space 137 Index pursuant to § 239-y of the General Municipal Law. 138 139 PLANNING BOARD - The Planning Board of the Town of Ithaca. 140 141 PHASED DEVELOPMENT – A Land Development Activity (as defined in Town Code Chapter 228) 142 involving more than 29 lots, in which construction of public or private improvements proceeds in 143 stages on a schedule over a period of years, as established in the subdivision approval by the 144 Planning Board. Phased development proposals shall include the submission of phased 145 development plans that clearly show proposed timing and phasing of buildings, parking, driveways, 146 streets, pedestrian ways, utilities, generalized landscaped areas, limits of disturbance, grading, 147 drainage, erosion, and sedimentation controls and other measures. 148 149 PLAT - The map, plan, or drawing on which a subdivider's plan of subdivision is presented to the 150 Planning Board for approval; the final plat, if approved and all conditions are met, will be submitted 151 to the County Clerk for recording. 152 153 RESOURCE ANALYSIS - The inventory and evaluation to identify resources to be protected from 154 development of a property, consisting of inventory maps, a written description of the land to be 155 subdivided, and an analysis of the conservation value of various site features (delineated by Class 156 1, Class 2, and Class 3, as described in § 234-24.D). A Resource Analysis determines the number 157 of acres permitted for development and locations for structures. 158 159 SEQR - New York State Environmental Quality Review Act (Article 8 of the NY Environmental 160 Conservation Law and its implementing regulations at 6 NYCRR Part 617). 161 162 SITE CAPACITY CALCULATION - A method of determining the maximum number of allowable 163 dwelling units the Planning Board may approve on any given site based on zoning requirements. 164 165 4 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations SITE CAPACITY CALCULATION WORKSHEET - A form approved by the Town Board for use in 166 calculating the development capacity of a site, completed and submitted by a subdivider in 167 connection with an application for a cluster subdivision. 168 169 SITE DESIGN AND DEVELOPMENT CRITERIA MANUAL - A manual of requirements and 170 minimum standards that shall be applied to proposed construction and/or areas that will involve 171 connections to existing municipal systems over which the Town has jurisdiction. Said manual, as 172 adopted by the Town Board, and as may be amended from time to time, may be obtained from the 173 Town Engineer. 174 175 SKETCH PLAN - A conceptual drawing that outlines general, rather than detailed, subdivision 176 intentions. A sketch plan depicts the basic parameters of a subdivision proposal, which serves as 177 the basis for informal discussion and review of the general intentions of the subdivider with the 178 Planning Board. 179 180 STREET- A New York State, Tompkins County or Town road or highway, a road or highway shown 181 on the Town’s Official Map, a street shown on a final plat approved by the Planning Board and 182 recorded in the Tompkins County Clerk’s Office, or a street shown on a plat duly filed and recorded 183 in the Tompkins County Clerk’s Office prior to the authority granted to the Planning Board to 184 approve such plats. A street that meets the definition in the preceding sentence but is designated 185 as a highway, thruway, road, avenue, boulevard, lane, drive, place, circle or otherwise is 186 nonetheless a “street” under this Chapter. 187 188 SUBDIVIDER - Any person, developer, firm, partnership, association, corporation, estate, trust, or 189 another entity or combination acting as a unit, undertaking the dividing of land so as to constitute a 190 subdivision as defined herein. This definition includes any applicant or agent of the subdivider. 191 192 SUBDIVISION - The division of any parcel of land into two or more lots, blocks, or sites, with or 193 without streets. Subdivision includes re-subdivision and, when appropriate to the context, shall 194 relate either to the process of subdividing or to the land subdivided. Subdivisions are classified as: 195 A. CLUSTER - A subdivision in which the otherwise applicable dimensional requirements in 196 the Zoning Chapter of Town Code are modified to encourage flexibility of design and 197 development of land in such a manner that the layout, configuration, and design of lots, 198 structures, driveways, streets, parks, trails and landscaping are designed to preserve 199 important natural resources and scenic qualities of the site. A cluster subdivision is 200 authorized by NYS Town Law § 278 and this Chapter. 201 B. CONVENTIONAL - A subdivision that creates lots that meet all minimum lot size and area 202 dimensional requirements in the Zoning Chapter of Town Code, or that receives variances 203 for any deviation from such minimum requirements. 204 C. MAJOR - The division of any parcel of land into four (4) or more lots, any subdivision 205 proposed as a cluster development subdivision, or any subdivision (regardless of the 206 number of lots) involving any new street or the extension of public improvements. 207 D. MINOR – The division of any parcel of land into two (2) or three (3) lots and proposed as a 208 conventional subdivision fronting on an existing street, not involving any new street or the 209 extension of public improvements. 210 211 TOWN ENGINEER -The duly designated engineer of the Town of Ithaca or the engineering 212 consultant employed by the Town. 213 214 § 234-8. (Reserved) 215 216 Article III: Classification & Procedures Applicable to All Applications 217 218 5 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations § 234-9. Subdivision/lot line adjustment categories. 219 The following categories are found in this Chapter. Review procedures and submission 220 requirements for each category are set forth in each referenced article. 221 222 A. Lot Line Adjustments – Administrative review, Article IV. 223 224 B. Minor Subdivisions – Planning Board review, Article V. 225 226 C. Major Subdivisions - Planning Board review (including design standards for cluster and 227 conventional subdivisions), Article VI. 228 § 234-10. General requirements for all subdivisions and lot line adjustments. 229 All applications shall be submitted for approval in compliance with the applicable standards and 230 procedures set forth herein. 231 232 A. Pre-application meeting. All subdividers and applicants for Lot Line Adjustments are 233 required to attend a pre-application meeting with the Planning Department prior to 234 submitting an application for any subdivision or lot line adjustment. The pre-application 235 meeting is an opportunity for the subdivider/Lot Line Adjustment applicant to present and 236 discuss conceptual plans with the Planning Department, prior to committing any resources 237 to the preparation of an application. No statement, comment, or other communication made 238 during this informal review shall be binding upon any party. Pre-application meetings 239 include review of: 240 1. Application requirements, checklists, and procedures; 241 2. Conceptual subdivision designs for major subdivisions; 242 3. Town plans and policies concerning development. 243 244 B. Each category and phase of review has a corresponding checklist of submission 245 requirements. Subdividers/Lot Line Adjustment applicants must submit documents and 246 information for all review stages, per the relevant checklist(s). Checklists are approved by 247 Town Board resolution, which the Town Board may revise from time to time. 248 249 C. Plats for both subdivision categories, and maps for Lot Line Adjustments, shall be prepared 250 and stamped by a New York State registered and licensed professional surveyor. 251 252 D. All subdivisions and Lot Line Adjustments must receive approval in compliance with this 253 Chapter before being recorded in the office of the Tompkins County Clerk. 254 255 E. If a lot or lots in an approved subdivision have been later consolidated, in whole or in part, 256 the consolidated portion(s) shall not be re-subdivided without undergoing a new subdivision 257 review and approval process. 258 259 F. The time periods listed in this law or in NYS Town Law 276, within which the Planning 260 Board must take action on a preliminary plat or a final plat, may be extended by mutual 261 consent of the subdivider and the Planning Board. 262 263 G. The Planning Board may waive any of the application provisions of this Chapter when the 264 strict application of such provisions would cause unnecessary or significant hardship or 265 practical difficulties. In waiving such provisions, the Planning Board shall determine that the 266 waiver will not significantly affect the purpose of subdivision control as provided by this 267 Chapter; and that the waiver will not impair the policy enunciated or implied by the Town 268 Board in adopting this Chapter’s provisions. 269 270 H. Any action or determination approving an application, in whole or in part, whether final or 271 preliminary, shall be revocable, in whole or in part, if the action or determination was made 272 6 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations in reliance on any misrepresentation, concealment, or other fraudulent act or statement by 273 the subdivider/Lot Line Adjustment applicant or was based on a mistake as to a material 274 matter. 275 276 § 234-11. Public hearings and postings. 277 278 A. Public Hearings are required for Minor and Major Subdivisions (for both Preliminary Plats 279 and Final Plats). 280 281 B. Public Hearings are not required for Lot Line Adjustments. 282 283 C. Notice of public hearings shall be published in the official newspaper of the Town of Ithaca. 284 The law governing the publication of public hearing notices and the holding of public 285 hearings on preliminary and final plats is set forth in NYS Town Law § 276. Advertising or 286 publishing the notice, in accordance with the provisions of NYS Town Law § 276, is the only 287 notice legally required. 288 289 D. In order to promote public information and participation in the subdivision approval 290 procedures, public notice shall be posted by the subdivider in accordance with, and shall be 291 governed by the provisions of, Town Code § 270-237 (A) through (F) posting of notices. . 292 Regardless of whether the subdivider posts the notice, the Planning Board shall comply 293 with the timing requirements in NYS Town Law § 276 for public hearings and decisions on 294 Preliminary Plats and Final Plats. 295 296 § 234-12. (Reserved) 297 298 Article IV: Lot Line Adjustments 299 300 § 234-13. Procedures. 301 Applications for Lot Line Adjustments shall be made to the Planning Department via the Town’s 302 digital online application program and shall consist of documentation listed on the relevant 303 checklist. A summary of Lot Line Adjustment procedures includes: 304 305 A. Classification and general application requirements, pursuant to Article III above. 306 307 B. Criteria to determine if proposal is a Lot Line Adjustment: 308 1. All lots are contiguous; 309 2. The result of the adjustment does not create new additional lots; 310 3. The result does not create any new nonconforming lots, or enlarge or increase the 311 nonconforming aspect of any legally existing nonconforming lot; 312 4. A property split off from a parcel will be transferred to the contiguous lot owner (if 313 different) and consolidated with the contiguous lot; 314 5. None of the lots require site plan or special permit approval by the Planning Board, or 315 variances or special approval by the Zoning Board of Appeals; 316 6. The adjustment is not part of a larger development plan, and does not result in the 317 piecemeal subdivision of a larger project; and 318 7. No more than five acres in the aggregate are proposed to be transferred. 319 320 C. The Director of Planning and the Director of Code Enforcement shall review applications for 321 lot line adjustments to ensure that the proposal: 322 1. Creates lots that conform to the Town Code, Chapter 270, Zoning; 323 2. Creates buildable lot conditions; and 324 3. Existing conservation and agricultural easements remain in effect. 325 7 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations 326 D. The Director of Engineering shall review the proposal to ensure that relevant municipal 327 easements, stormwater facilities, and other public or private utilities and other infrastructure 328 remain accessible and operable. 329 330 E. The Director of Planning shall have 30 days from the date the application is deemed 331 complete to approve or deny an application for a Lot Line Adjustment. If the application is 332 approved, the Director of Planning shall stamp and sign the survey map. The applicant shall 333 then file the survey map with the Tompkins County Clerk, along with the corresponding 334 deed effecting the Lot Line Adjustment, if property is being transferred. 335 336 § 234-14 (Reserved) 337 338 Article V: Minor Subdivisions 339 § 234-15. Procedures. 340 Minor Subdivisions shall be considered for a single-stage review by the Planning Board. The 341 subdivider does not submit a preliminary plat, and the Planning Board considers only a final plat. A 342 summary of minor subdivision procedures includes: 343 344 A. Classification and general application requirements, pursuant to Article III above. 345 346 B. Process and submission requirements, which include all documentation and information 347 required for final plats as specified in §§ 234-19 and 234-20 of this Chapter and listed on 348 the relevant final plat checklist. A subdivider may voluntarily opt to submit a sketch plan for 349 a Minor Subdivision. 350 351 C. Public hearing requirements, pursuant to § 234-11. 352 353 D. Planning Board findings and a decision, pursuant to § 234-21. 354 355 E. The submitted plat drawing shall be marked as final and shall include a note that no 356 preliminary subdivision review was required. 357 358 § 234-16. (Reserved) 359 360 Article VI: Major Subdivisions 361 § 234-17. Procedures. 362 A summary of major subdivision procedures and requirements includes: 363 364 A. Classification and general application requirements, pursuant to Article III above. 365 366 B. Process and submission requirements, which consist of three main stages: the sketch plan 367 review, the preliminary subdivision review, and the final subdivision review. § 234-18, § 234-368 19, and § 234-20 describe items that should be included and considered with each particular 369 review stage. 370 371 C. Public hearing requirements, pursuant to § 234-11. 372 373 D. Planning board findings and decision, pursuant to § 234-21. 374 375 E. Subdivision Design Standards, pursuant to Article VII below. 376 377 8 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations § 234-18. Sketch plan review. 378 A Sketch Plan shall be submitted for review by the Planning Board for any proposed Major 379 Subdivision. A sketch plan shall be clearly marked as such and include documentation listed on the 380 relevant sketch plan checklist. 381 382 A. It is the responsibility of the subdivider to provide a sketch plan that depicts a reasoned and 383 viable proposal for subdivision and subsequent development of the lot(s). 384 385 B. Planning Board members may suggest modifications to but shall not approve or disapprove 386 a sketch plan. Comments made by individual Board members during a sketch plan review 387 shall not be interpreted as constituting approval or disapproval by the Board, nor shall they 388 be interpreted to limit the scope of any subsequent review or approval of a future plan. 389 390 § 234-19. Preliminary subdivision review. 391 The procedure for Preliminary Subdivision Review shall be as provided for in this Chapter and 392 (except to the extent superseded by this Chapter) NYS Town Law §§ 276 through 278, as they 393 may from time to time be amended. All necessary information shall be in full compliance with the 394 provisions of Town Law and this Chapter. 395 396 A. The subdivider shall submit to the Director of Planning or their designee all materials as 397 specified by the Preliminary Subdivision checklist 398 399 B. In addition, the subdivider shall furnish such information, data, maps, reports or other 400 documents which the Town or the Planning Board may require for the environmental review 401 procedures, including all applicable requirements of the New York State Environmental 402 Quality Review Act (SEQR) and Chapter 148, Environmental Quality Review, of the Town of 403 Ithaca Code, as they may be amended from time to time, or any other applicable rule, 404 regulation, code, or law. An application for preliminary subdivision review shall not be 405 deemed complete until a negative declaration has been filed or until a notice of completion 406 of the draft environmental impact statement has been filed in accordance with the provisions 407 of SEQR. The time periods for reviewing a preliminary subdivision application shall begin 408 upon filing of such negative declaration or such notice of completion. 409 §234-20. Final subdivision review. 410 The procedure for Final Subdivision Review shall be as provided for in this Chapter and (except to 411 the extent superseded by this Chapter) Town Law §§ 276 through 278, as they may from time to 412 time be amended. All necessary information shall be in full compliance with the provisions of Town 413 Law and this Chapter. 414 415 A. The subdivider shall submit to the Director of Planning or their designee all materials as 416 specified by the Final Subdivision checklist. 417 418 B. In addition to following the procedures in Town Law §§ 276 through 278, the subdivider shall 419 also comply with the provisions of the following subsections: 420 1. (a) For all streets, sidewalks, open space, utilities, and other public improvements that 421 the subdivider proposes to be conveyed to the Town as public property, the 422 subdivider must make formal offers of dedication to the Town of such land, open 423 space and improvements, in a form acceptable to the Town Board. Approval of the 424 plat by the Planning Board shall not constitute acceptance by the Town Board of 425 any streets, sidewalks, open space, or other public improvements. The mere act of 426 offering dedication shall not create any presumption that the Town has accepted the 427 same. Additional information related to dedication of the above can be found in § 428 234-28, and in Article VIII of this Chapter (Infrastructure). 429 9 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations 430 (b) All such offers are nonrevocable (or, if the Town Board expressly authorizes or 431 declares them to be revocable, then irrevocable for 365 days after the filing of the 432 final plat with the County Clerk's Office), and each such street, sidewalk, open 433 space, utility, or other public improvement shown on the final subdivision plat shall 434 be deemed to be private until such time as each of the same has been formally 435 accepted by the Town. 436 437 (c) The subdivider shall, for all lots or areas marked for future use or dedication, provide 438 to the Town title documents and conveyances of title or rights-of-way or easements, 439 as applicable or required, in a form acceptable to the Town's attorney, together with 440 such tax searches, abstracts, resolutions, or other documents as such attorney may 441 reasonably require to verify good title. 442 443 2. The subdivider shall obtain and file with the Planning Board any required approval from 444 the Tompkins County Whole Health or successor agency, indicating satisfactory design 445 compliance with the realty subdivision provisions of the County Sanitary Code. 446 447 C. In a regulating plan area for traditional neighborhood development (TND), additional and 448 different requirements for final subdivision approval apply. (See § 272-803.4.) 449 450 D. The final approved plat shall show approved locations for intensive development, approved 451 locations for less dense development, and any lands that will be protected by conservation 452 easement and/or plat notations, as determined by the Planning Board based on the 453 Resource Analysis required by § 234-24.D. 454 455 § 234-21. Planning board findings and decision. 456 Planning Board decisions regarding subdivisions shall be accompanied by findings about whether 457 the following standards have been met, where applicable, in accordance with the policy statement 458 in Article I, § 234-1 and, for Major Subdivisions, the Resource Analysis in Article VII, § 234-24.D: 459 460 A. The proposal complies with the Town’s adopted Complete Streets Policy and Site Design 461 and Development Criteria Manual. 462 463 B. The proposal clearly and accurately shows buildable areas and describes any proposed 464 development. The arrangement, location, and width of streets and sizes of lots are 465 adequate, and particular attention has been given to their relation to the topography of the 466 land and the natural and cultural resources of adjoining lands. 467 468 C. Where site plan review is required by § 270-184, or the subdivision creates more than 469 twenty five (25) lots, the exterior characteristics of proposed structures shall demonstrate 470 consistency with objective architectural design principles, including but not limited to: 471 balance, connection, contrast, emphasis, form, grouping, pattern, placement, proportion, 472 rhythm, scale, unity, and variety. In making this finding, the Planning Board will not prescribe 473 a particular architectural style but shall ensure that structure design avoids visual monotony, 474 excessive bulk, or discordant forms that undermine the Town’s Comprehensive Plan goals. 475 The Planning Board’s review shall focus on: 476 1. Compatibility with surrounding context (including prevailing form, scale, massing, and 477 materials); 478 2. Visual cohesion among structures within the subdivision; and 479 3. Alignment with any adopted Town design guidelines or neighborhood regulating plans. 480 481 D. The proposed lots and development have provided for sufficient space for on-site vehicular 482 and bicycle parking, for loading and unloading and similar activities, and for adequate 483 emergency access. 484 485 10 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations E. The proposal minimizes potential for flood damage to proposed improvements and adjoining 486 properties and complies with Chapter 157 of the Town of Ithaca Code, Flood Damage 487 Prevention. 488 489 F. Proper provision has been made for stormwater management, in compliance with current 490 NYSDEC requirements and Chapter 228 of the Town of Ithaca Code, Stormwater 491 Management and Erosion and Sediment Control. 492 493 G. The proposal provides for safe and sufficient water supply, proper sewage disposal, and 494 proper access to other available utilities such as electric and telephone. 495 496 H. For cluster subdivisions, and to the extent practicable, the subdivision has been designed 497 and maintained to ensure that the conservation assets identified on the site in the Resource 498 Analysis retain their qualities, and the subdivision has avoided fragmentation of such assets. 499 500 I. For conventional subdivisions, and to the extent practicable, the proposal preserves and 501 protects any sensitive environmental characteristics on the site, including wetlands, streams, 502 steep slopes, threatened or endangered plant or animal species, trees with diameter-at-503 breast-height (DBH) of 10-12 inches or more for softwoods and 5-6 inches or more for 504 hardwoods, cultural and historic resources, scenic resources, and other such assets. 505 Provision has been made for maintaining existing known ecological corridors to mitigate any 506 adverse environmental impacts and to sustain biodiversity. 507 508 J. Pursuant to NYS Town Law § 277 and Article VII, § 234-29 (Reservations of parks and 509 recreational lands), park areas of suitable location, size and character for playground and 510 other recreational or open space purposes have been shown on the subdivision plat, if 511 required by the Planning Board. Provision has been made for the adequate permanent 512 reservations of open space, pedestrian trails, viewing areas, and parks; and such areas 513 have been shown on the plat. 514 515 K. Subdivision proposals located within an Agricultural Zone have complied with the density 516 limitations and limitations on subdivisions listed in Chapter 270, Zoning, § 270-35. 517 518 L. Subdivision proposals located within a Conservation Zone have complied with the density 519 limitations and limitations on subdivisions listed in Chapter 270, Zoning, § 270-20. 520 521 § 234-22. (Reserved) 522 523 Article VII: Subdivision Design Standards 524 525 § 234-23. General procedures. 526 527 A. All major subdivisions shall be subject to design standards. Cluster subdivision is required 528 in all cases of new major subdivisions and re-subdivisions, unless: 529 1. The subdivision is located within the High Density Residential Zone, 530 2. The subdivision falls under the § 234-24.C.1 exception, or 531 3. The Planning Board approves a conventional plat, pursuant to §234-24.C.2. 532 533 B. Cluster subdivisions are not required for minor subdivisions and are prohibited in the High 534 Density Residential Zone. Subdivision design standards for conventional subdivisions are 535 listed in § 234-26. 536 537 C. In a proposed or approved regulating plan area for Traditional Neighborhood Development 538 (TND), the New Neighborhood Code applies additional and different requirements for 539 thoroughfare and street types and patterns, parks and preserves, lot arrangement, and 540 11 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations other aspects of 1) neighborhood design, 2) the public realm, and 3) subdivision review and 541 approval. (See §§ 272-301 through 272-310, 272-403, 272-702.3, 272-802, and 272-803. 542 543 § 234-24. Cluster subdivisions. 544 Clustering permits flexibility in the development of land and results in a concentration of occupancy 545 or use in a particular area of land and space, which encourages the preservation of available open 546 space and reduces the cost and maintenance of public improvements. Submission requirements 547 for cluster subdivisions are required per the cluster subdivision checklist, as adopted by Town 548 Board and amended from time to time, along with design steps, review steps, and calculation 549 procedures enumerated below: 550 551 A. Purpose and applicability. The purpose of cluster subdivision regulation is to: 552 1. Achieve a balance between well-designed development and meaningful open space 553 conservation/natural resource protection; 554 2. Encourage conservation and development in the most appropriate locations on a 555 subdivided parcel, limit the impact of development on sensitive and/or significant 556 natural, agricultural, scenic, cultural, and historic resources, and encourage 557 development that enhances the Town's character, pattern and scale of settlement; 558 3. Allow for residential development on lots that are smaller than would otherwise be 559 permitted in the applicable zoning district in exchange for the protection of conservation 560 assets identified in the Town's Open Space Index; 561 4. Encourage the placement of lots and design of the transportation network in a manner 562 that results in the more efficient provision of infrastructure and delivery of public 563 services and that supports a walkable and socially cohesive residential community. 564 5. Cluster development is applicable in Agricultural and Conservation Zones, and all 565 residential zoning districts, except High Density Residential. Additional special 566 considerations in the Agricultural and Conservation Zones apply (B.3 below). 567 568 B. Cluster general design standards and procedures. 569 1. The minimum gross area for any cluster subdivision proposal shall be five acres; 570 2. The number of dwelling units permitted in a cluster subdivision shall be determined as 571 described in Town Law § 278. To illustrate the number of dwelling units that can be 572 accommodated on the site, the subdivider must submit a sketch plan of a conventional 573 subdivision in which all lots comply with the minimum requirements permitted by Zoning 574 and the requirements in §234-26 (Conventional subdivision design standards and 575 procedures). The Site Capacity Calculation Worksheet will assist subdividers with 576 calculating the number of dwelling units permitted, based on the conventional 577 subdivision. 578 3. Proposals located within an Agricultural Zone must comply with the special density 579 limitations and limitations on subdivisions listed in Chapter 270, Zoning, § 270-35. 580 Proposals located within a Conservation Zone must comply with the special cluster 581 provisions listed in Chapter 270, Zoning, § 270-20; 582 4. A cluster subdivision must be designed and maintained to avoid fragmentation of 583 conservation assets and to maintain wildlife corridors that connect significant ecological 584 communities; 585 5. Existing vegetation shall be preserved during development to the fullest extent possible, 586 including prevention of the introduction of invasive species (see Resource Analysis 587 provisions below); movement or parking of vehicles and equipment in proposed 588 conservation areas is prohibited under the canopy/dripline of trees with 10”-12” 589 diameter at breast height for softwoods and 5”-6” diameter at breast height for 590 hardwoods. The Planning Board may require such trees to be protected with temporary 591 12 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations fencing at the driplines during construction; 592 6. The boundaries and alignment of existing streams shall be preserved unless a change 593 complies with Town Code § 270-219.5 (stream setback). Land areas subject to flooding 594 that may be a danger to health, life or property, or may exacerbate an existing flood 595 hazard, shall not be plotted for residential uses. Such land areas shall be noted as 596 "undevelopable" on the plat; 597 7. The Planning Board may entertain an application for the cluster subdivision of a portion 598 of a parcel if a Resource Analysis is provided for the entire parcel. The approval to 599 develop a portion of the parcel is not a basis for the subdivider or successor in interest 600 to subsequently request an exception under Subsection C(2) for the remainder of the 601 parcel. 602 603 C. Exceptions. 604 1. The Planning Board may allow, but shall not require, a cluster subdivision if the total 605 acreage of land to be subdivided is less than five acres in size. Cluster subdivisions are 606 not required for minor subdivisions on a parcel of any size. 607 2. The Planning Board may allow and may approve a conventional subdivision plat if the 608 Board determines that there is no reasonable basis for requiring a cluster subdivision. 609 For the Planning Board to make such a determination, the Planning Board must find the 610 following: 611 (a) The land contains no or limited resources with conservation value or that are listed 612 in the Town’s Open Space Index; or 613 (b) The total acreage under consideration is too small to preserve a substantial 614 amount of land with conservation value (this criterion shall not be evaded by 615 piecemeal subdivision or lot line adjustment of larger tracts); or 616 (c) The subdivider has made a clear and compelling case that proves that a 617 conventional subdivision will better implement key Comprehensive Plan goals and 618 policies than a cluster subdivision (e.g., a conventional subdivision will better 619 preserve/protect environmentally, agriculturally, and visually sensitive areas). 620 621 D. Resource Analysis. 622 1. As part of its Preliminary Subdivision Review submission, a subdivider shall prepare a 623 Resource Analysis, consisting of inventory maps, a written description of the land, an 624 analysis of the conservation value of various site features, and an explanation of how 625 the built environment and natural features will be integrated through the design of the 626 cluster subdivision. 627 2. The Resource Analysis shall describe the current and potential conservation value of all 628 land on the site. In the course of its preliminary subdivision review, the Planning Board 629 shall apply the data in the Town of Ithaca Open Space Index and shall determine which 630 open space and conservation assets are present and should be considered for 631 preservation. 632 3. The outcome of the Resource Analysis and the Planning Board's determination shall be 633 incorporated into any approved preliminary plat. The preliminary plat shall show 634 preferred locations for intensive development, acceptable locations for less dense 635 development, and any lands that should be protected by a conservation easement 636 and/or plat notation. The cluster subdivision must be designed to protect the 637 conservation assets proposed to be preserved from future disturbance due to 638 incompatible development, changes in ecological function or other impacts associated 639 with development of the site. 640 4. The Planning Board shall make written findings identifying the specific conservation 641 values protected and the conservation findings supporting such protection. An 642 13 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations application that does not include a complete Resource Analysis sufficient for the 643 Planning Board to make its findings shall be considered incomplete. 644 5. The Resource Analysis must identify and delineate all “Class 1,” “Class 2,” and “Class 645 3” assets, as described here: 646 647 (a) Class 1 assets: Constrained or unbuildable lands (see Figure 1). Constrained or 648 unbuildable lands are areas described in [1] through [9] below, or that are unsuited 649 for development due to Federal, State or Town regulations, deed restrictions, 650 easements, or other physical or legal limitations to development. The area of these 651 lands will not count in the determination of the maximum number of lots that would 652 have been possible in a conventional subdivision. Class 1 assets include: 653 [1] Parcels located entirely within a Critical Environmental Area (CEA), as defined by 654 the NYS Department of Environmental Conservation (DEC); and areas within 100 655 feet of a CEA; 656 [2] Endangered and Threatened plant or animal wildlife communities last identified 657 on the site within the last 50 years, as identified by the NYS DEC’s Natural 658 Resources database and EAF Mapper Program; or by a licensed 659 biologist/botanist; 660 [3] Wetlands that require a permit from the Army Corps of Engineers and/or NYS 661 DEC to comply with prevailing Federal or State wetlands regulations ; 662 [4] Areas of Special Flood Hazard, as depicted in the Town of Ithaca Flood 663 Insurance Rate Map (FIRM); 664 [5] Slopes of 40% or more, and Major Rock Gorges, as described in the Town Open 665 Space Index; 666 [6] Highly Erodible Soils, as identified by the USDA Natural Resources Conservation 667 Service or similar or other successor agency; 668 669 [7] Old-Growth Woods (over 100 years old), as described in the Town Open Space 670 Index; 671 [8] Land within any of the following: 25 feet of the Ordinary High Water Level of 672 Cayuga Lake, as defined in Town Code §270-5; 100 feet of the center of any 673 stream classified as Class C or higher by the NYS DEC; or the minimum stream 674 setback widths per Town Code § 270-219.5, regardless of drainage area; 675 [9] Land within an existing or proposed stormwater management facility, occupied by 676 existing or proposed public or private streets, public utility structures or 677 improvements, or within portions of easements/rights-of-way where development 678 is not allowed. 679 680 Figure 1: Parcel in green, “Class 1” assets labeled (steep slopes, wetlands, old growth forest) 14 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations 681 (b) Class 2: Priority conservation assets (see Figure 2). Class 2 assets are the following 682 identified in the Town Open Space Index, exclusive of any assets classified as Class 1: 683 [1] Land that includes rare or vulnerable ecological communities, as defined in the 684 DEC’s New York Natural Heritage Program; 685 [2] Mature Woods “Greater Than Five Acres,” as described in the Open Space 686 Index; 687 [3] Agricultural land that was farmed within the past two years, and with soils defined 688 as Class I or Class II by the USDA Natural Resources Conservation Service or 689 similar or other successor agency; 690 [4] Riparian buffers, measured an additional 50 feet beyond the 100-foot stream 691 centerline measurement for Class C or higher streams included in Class 1 lands, 692 and regardless of drainage area noted in Town Code § 270-219.5; 693 [5] Slopes of at least 15% and less than 40%. 694 [6] Historic or indigenous sites within or adjoining the site that are designated as 695 sensitive for archaeological sites on the New York State Historic Preservation 696 Office archaeological site inventory. 697 698 699 (c) Class 3: Secondary conservation assets (see Figure 3). Class 3 assets include the 700 following identified in the Town Open Space Index, exclusive of any assets classified as 701 Class 1 or Class 2: 702 [1] Land including or immediately adjacent to historic sites that are listed, or are 703 eligible to be listed, on the National and State Registers of Historic Places, or are 704 included in the Town Limited Historic Commercial Overlay District; 705 [2] Agricultural land that was farmed within the past two years; 706 [3] Land within a Tompkins County Unique Natural Area (UNA) and areas within 100 707 feet of a UNA; 708 [4] Land on the Tompkins County Scenic Resource Inventory lists of “Distinctive” 709 and “Noteworthy” views; or the Town of Ithaca Scenic Resources Inventory list of 710 “Scenic Views of Local Significance” and “Noteworthy Scenic Views”; 711 [5] Recreational resources, publicly accessible open space, and lands that provide 712 connectivity to public land, as noted in the Town’s Park, Recreation, and Open 713 Space Plan and Open Space Index, respectively; 714 [6] Areas within 100 feet of a New York State park, or within 50 feet of a Town 715 park/preserve, Finger Lakes Land Trust preserve, or Nature Conservancy 716 preserve; and Town-held conservation easements. 717 718 Figure 2: Same parcel in green, “Class 2” assets labeled (mature woods, riparian buffer) 15 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations 719 720 721 722 E. Calculation methodology to determine required open space and conservation assets in 723 cluster subdivisions, based on Resource Analysis (see Figure 4 below). 724 1. Minimum open space preservation requirement- At least 40% of the area of the parent 725 parcel must be preserved as open space. The preserved land must include: 726 (a) All Class 1 assets; 727 (b) At least 80% of all land that contains Class 2 assets; and 728 (c) At least 40% of the land that contains Class 3 assets; 729 730 2. Connections to adjoining land. The subdivision design must incorporate any connections 731 between conservation assets on and adjoining the site to maximize their functional value 732 as contiguous biological corridors or other types of land connections listed in the Open 733 Space Index. 734 735 736 Figure 4: Same parcel with all preserved assets at required percentages (100% of Class 1 assets, 737 80% of Class 2 assets, and 40% of Class 3 assets). Buildable areas are shown in green. 738 Figure 3: Same parcel in green, “Class 3” assets labeled (areas within 100ft of a NYS Park, recreational open space) 16 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations 739 F. Housing types, area and dimensional requirements, building heights in cluster subdivisions. 740 1. Notwithstanding the requirements of the zoning district, residential development as part 741 of a cluster subdivision may include one-family dwellings, two-family dwellings, and 742 townhomes and apartment buildings with a maximum of up to six dwelling units per 743 building. 744 2. Area and dimensional requirements: 745 (a) The Planning Board may waive requirements for minimum lot sizes and setbacks 746 that would otherwise apply to residences in the zoning district. The Planning Board 747 may not waive maximum sizes for accessory dwelling units (ADUs); 748 (b) Appropriate lot sizes will be determined by the Planning Board after careful 749 consideration of all site characteristics and development requirements. Within areas 750 not served by public water and sanitary sewer service, minimum lot sizes shall be 751 determined with regard to specific site characteristics and public health and safety 752 concerns and requirements in consultation with Tompkins County Whole Health; 753 (c) The subdivider shall specify lot sizes, and other lot dimensions and building setbacks 754 to be incorporated into the final plat. Lot dimensions and building setbacks must be 755 based on careful consideration of all site characteristics and development 756 requirements; 757 (d) Setbacks between any residences and parcels adjoining the cluster subdivision must 758 be at least the minimum setback required in the zoning district for single-family 759 residences. 760 (e) Maximum height limits in the zoning district shall apply. 761 762 G. Flag lots. Flag lots are permitted in limited applications in subdivisions to avoid extending 763 streets further than necessary. The following standards shall apply: 764 1. No more than two contiguous flag lots shall be created. Whenever practicable, adjoining 765 flag lots should be platted in a manner that encourages shared driveway access points 766 along streets shown on the Official Town Map. 767 2. Flag lots shall comprise no more than 10 percent of all lots in the subdivision. 768 3. The access strip of a flag lot shall be owned by the owner of the main portion of the flag 769 lot and shall extend to an existing street shown on the Town’s Official Map. The access 770 strip shall serve as the primary access for the lot. 771 4. The access strip shall have a minimum width of 20 feet. The width shall be increased as 772 necessary to contain all grading for the driveway within the access strip. 773 5. The access strip shall have a maximum length of 200 feet. 774 6. The minimum lot area of the flag lot shall be calculated exclusive of the access strip. 775 7. In areas where agriculture is the predominant land use, flag lots should be located on 776 the least productive agricultural lands and be configured to minimize interference with 777 the agricultural use of the remaining lands. 778 779 § 234-25. (Reserved) 780 781 § 234-26. Conventional subdivision design standards and procedures. 782 Submission requirements for conventional subdivisions are required per the Preliminary and Final 783 Subdivision checklists, along with the review steps and procedures enumerated below. 784 Conventional subdivisions do not require a Resource Analysis, conservation easement, or plat 785 notation. Rather, the area, width, depth, and orientation of lots shall be appropriate for the location 786 of the subdivision and for the type of development permitted by Chapter 270, Zoning. 787 788 A. Minimum lot areas and dimensions shall be as established in Chapter 270, Zoning, and 789 17 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations Chapter 271, Zoning: Special Land Use Districts. Lots shall exclude any portion of a public 790 highway right-of-way that may be included within the deed description of the lot. 791 792 B. Where any lot is proposed to be served by an individual sewage disposal system, the 793 minimum dimensions of each lot shall be determined by Tompkins County Whole Health, 794 except that no such lot shall have an area of less than 30,000 square feet. Tompkins County 795 Whole Health may require the subdivider to provide acceptable percolation tests or impose 796 other requirements for lots to be served by individual sewage disposal systems. 797 798 C. Buildable areas must be indicated on the preliminary and final plats. Buildable areas must 799 conform to setback requirements in the underlying zoning district, and all subdivisions must 800 conform to the stream setback requirements in Chapter 270, Zoning, and to any other 801 required buffer zones. Unbuildable areas are areas that are unsuited for development due to 802 Federal, State or Town regulations, deed restrictions, easements, or other physical or legal 803 limitations to development. Unbuildable areas in a conventional subdivision include Class 1 804 assets [1] through [7], and [9], listed in § 234-24.D.5(a) Resource Analysis. The Planning 805 Board may also exclude any other areas that, in its opinion, are unsuitable for construction 806 because of steep slopes, poor drainage, or other considerations which may be injurious to 807 the health, safety, or welfare of the community. 808 809 D. The lengths, widths, and shapes of blocks shall be determined with due regard to the 810 provision of building sites suitable to the special needs of the type of uses contemplated, 811 need for convenient access, circulation, control and safety of street traffic, solar access and 812 the limitations and opportunities of topography. Residential blocks shall not be more than 813 1,200 feet in length, except as the Planning Board determines necessary to secure efficient 814 use of land or to achieve desired features of the transportation system; measurement of 815 block length shall be between property lines. Blocks shall comply with the Town’s Complete 816 Streets Policy and Site Design and Development Criteria Manual. 817 818 E. In a proposed or approved regulating plan area for traditional neighborhood development 819 (TND), New Neighborhood Code requirements for thoroughfare and block pattern and lot 820 siting apply. (See §§ 272-306 and 272-403.23.) 821 822 § 234-27. (Reserved) 823 § 234-28. Reservation of land for public utilities. 824 825 A. Whenever a subdivider proposes easements or land that includes all or part of the proposed 826 site for a public utility, the Planning Board shall submit the proposed plat to the public body 827 responsible for acquiring the land for the site before approving the preliminary plat of the 828 subdivision. 829 830 B. No proposed dedication by the subdivider for a Town of Ithaca easement or street or other 831 public use shall be shown on a final plat unless the Town Board authorizes acceptance of 832 the concept and location of such dedication prior to final subdivision approval. 833 834 C. In a proposed or approved regulating plan area for traditional neighborhood development 835 (TND), additional and different requirements for land reservation and dedication for public 836 facilities, utilities, infrastructure, and easements apply. (See §§ 272-306 through 272-309.) 837 838 D. If access to a subdivision is only across land in another municipality, the Planning Board 839 may request assurance from the adjoining municipality’s attorney and Highway 840 Superintendent (or equivalent title) that the access street is suitably improved or that a 841 performance guarantee or security has been duly executed and is sufficient security to 842 18 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations ensure access has been constructed. 843 844 § 234-29. Reservations of parks and recreational lands. 845 846 A. If the Planning Board requires a reservation of parkland, such reservation shall be of suitable 847 size, dimension, topography, and general character and shall have adequate street access 848 for the particular purposes envisioned by the Planning Board. 849 1. The Board may require that the parkland be located at a suitable place on the edge of 850 the subdivision so that additional land may be added at such time as the adjacent land is 851 subdivided. 852 2. The subdivider must offer dedication of all such parkland to the Town where the 853 Planning Board has determined that parkland must be owned by the Town. 854 3. Reservation of parkland on subdivision plats containing dwelling units shall be in 855 accordance with NYS Town Law § 277(4). The amount of land to be so reserved for a 856 conventional subdivision shall be determined by the Planning Board on a case by case 857 basis. The area shall be shown and marked on the final plat "Reserved for Park 858 Purposes." 859 860 B. Pursuant to NYS Town Law § 277, the Planning Board may require payment in lieu of 861 parkland. The Town Board has established a formula for such payments in Town Code 862 §153-3, which may be amended from time to time. 863 864 C. The provisions of this section are minimum standards. None of the subsections above shall 865 be construed as prohibiting a subdivider from reserving other land for recreation purposes in 866 addition to the requirements of this section. 867 868 D. In a proposed or approved regulating plan area for traditional neighborhood development 869 (TND), New Neighborhood Code requirements for park and preserve land area, types, 870 location, configuration, connectivity, access, programming, and ownership apply. (See § 871 272-308.) Payment in lieu of land reservation does not apply for traditional neighborhood 872 development and is not a substitute for providing and improving parks and preserves. 873 874 § 234-30. (Reserved) 875 876 Article VIII. Infrastructure 877 878 § 234-31. Transportation network. 879 880 A. Design and construction of a street(s) as defined herein and related improvements shall be 881 in accordance with the standards and specifications described in the Town of Ithaca Site 882 Design and Development Criteria Manual, copies of which are available in the office of the 883 Town Engineer. The subdivider shall improve or agree to improve all streets and other ways 884 to provide drainage improvements, all in such manner as is necessary for the general use of 885 lot owners in the subdivision and to meet local traffic and drainage needs, including the 886 needs of pedestrian and bicycle traffic as may be required by the Town of Ithaca Complete 887 Streets Policy. Streets shall be graded, surfaced, and improved to the grades and 888 dimensions shown on plats, profiles, and cross-sections submitted by the subdivider and 889 approved by the Planning Board, Town Engineer, and Town Highway Superintendent. 890 891 B. Street names shall be shown; they shall provide for continuation of the names of existing 892 streets wherever appropriate; they shall not duplicate the names of streets elsewhere in 893 Tompkins County. 894 895 19 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations C. In a proposed or approved regulating plan area for traditional neighborhood development 896 (TND), New Neighborhood Code requirements for arrangement of streets, street types and 897 elements, provision of alleys, and geometry apply. (See §§ 272-306 and 272-307.) 898 899 D. Whenever a subdivider proposes to dedicate a street or transportation network to the town, 900 the Town Board shall determine whether to authorize acceptance of the concept and 901 location of such dedication prior to the Planning Board’s consideration of final subdivision 902 approval. 903 904 E. Prior to the Town Board’s consideration of final acceptance of streets or utilities, the Highway 905 Superintendent and Town Engineer shall determine whether all public utilities, streets, and 906 required improvements have been completed in accordance with the approved plans and 907 specifications and applicable requirements and regulations. 908 909 § 234-32. Phased developments. 910 911 A. In phased developments, a schedule of improvements shall be made in accordance with an 912 agreement satisfactory to the Director of Planning, Town Engineer, and Attorney for the 913 Town. The agreement will provide for the maintenance of existing roads and utilities and shall 914 be approved and executed before the Planning Board issues final subdivision approval. The 915 subdivider will provide a description of the sequential installation of improvements that will 916 service the development, including the entity that provides the improvements, the date any 917 new improvements, if needed, will be constructed, and a schedule to assure improvements 918 are available concurrent with the impacts of the development. The agreement may be 919 conditioned to require that the entire development or any phase of it be commenced or 920 completed within a specified period of time. 921 922 B. Construction completion (performance guarantee). In order to ensure the full and faithful 923 completion of all improvements, the Town may require the subdivider to provide a 924 performance bond or other security prior to the commencement of Land Development 925 Activity. The provisions of NYS Town Law § 277(9) shall apply to such performance 926 guarantee. 927 928 C. If the work of a particular phase has been completed satisfactorily, the Town may release the 929 appropriate portion of the performance guarantee, or, if the work is subject to a warranty or 930 demonstration period, may delay release of that portion until the end of such warranty or 931 demonstration period. If work is not completed satisfactorily, the applicant shall act to bring 932 the phase into conformity before commencing work on the next phase of development. In a 933 phased development, the issuance of building permits in each phase may not occur until 934 completion of the prior phase. 935 936 D. In a regulating plan area for traditional neighborhood development (TND), New 937 Neighborhood Code requirements for a subdivision phasing plan may apply. (See § 272-938 703.3.3.) 939 § 234-33. Storm and surface drainage. 940 All land development shall be related to the surrounding drainage pattern, with provisions made for 941 proper storm drainage facilities. All drainage improvements must be acceptable to the Town’s 942 Stormwater Management Officer and shall comply with the provisions of Town Code Chapter 228: 943 Stormwater Management. 944 § 234-34. Underground wires and cables. 945 946 20 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations A. Wires and cables providing local utility and similar services (including but not limited to 947 electric, internet, telephone, cable television, and streetlighting) in subdivisions shall be 948 placed underground, except as otherwise specified in Town Code § 270-219, Personal 949 Wireless Service Facilities. 950 951 B. In a regulating plan area for traditional neighborhood development (TND), New Neighborhood 952 Code requirements for underground utilities apply. (See § 272-309.2.1.) 953 § 234-35. (Reserved) 954 955 Article IX. Permitting & Enforcement 956 957 § 234-36. Building permits. 958 No building permit for any permanent building within the subdivision or lot to be sold or developed 959 shall be authorized until after the subdivision plat has received final approval by the Planning 960 Board, and the plat has been filed in the office of the Tompkins County Clerk. All projects involving 961 the construction of buildings shall also comply with the provisions of Town Code, Chapter 125, 962 Building Construction and Fire Prevention. 963 § 234-37. Enforcement and appeals. 964 The Director of Code Enforcement, the Director of Planning, or the Town Engineer, shall enforce 965 this Chapter. The term “Enforcement Official” refers to any or all of them. Any person aggrieved by 966 any decision of any officer of the Town charged with the enforcement of this Chapter may take an 967 appeal to the Zoning Board of Appeals pursuant to NYS Town Law § 267-a. The Zoning Board of 968 Appeals shall follow the procedures in NYS Town Law § 267-a. 969 970 § 234-38. Penalties for offenses. 971 972 A. Order to remedy. 973 1. If the Enforcement Official finds that there has been a violation of this Chapter, then the 974 Enforcement Official is authorized to issue an order to remedy; 975 2. An order to remedy shall be in writing; identify the property at issue; specify the condition 976 or activity that violates this Chapter; specify the provisions of this Chapter which are 977 violated by the specified condition or activity; and include a statement that the violations 978 must be corrected within 30 days after the date of the order to remedy (or, if the 979 violations are not reasonably capable of cure within 30 days, shall include a statement 980 that the owner, operator, or occupant must commence to cure such violations within 981 such thirty-day period and thereafter diligently and with continuity prosecute such cure to 982 completion in a period not to exceed 90 days after the Town's notice). The order may 983 direct the person served with the order to begin to remedy the violation(s) immediately or 984 within some other stated period of time that can be less than 30 days after the date of 985 the order; direct that compliance be achieved within the specified period of time; and 986 shall state that an action or proceeding to compel compliance and/or seek penalties, 987 fines and/or imprisonment may be instituted if compliance is not achieved within the 988 specified period of time; 989 3. The order to remedy, or a copy thereof, may be served by personal service on the 990 owner, operator or occupant, by mailing by registered or certified mail sent to the 991 address set forth in the application for any permit or approval submitted to the Town or to 992 the property address, or by posting a copy thereof on the premises that are the subject 993 of the order to remedy and mailing a copy, enclosed in a prepaid wrapper, addressed to 994 21 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations the last known address of the owner as set forth in the Town of Ithaca records, or if 995 none, in the most recent tax roll available to the Town of Ithaca. The Enforcement Official 996 shall be permitted, but not required, to cause the order to remedy, or a copy thereof, to 997 be served on any tenant, lessee, or any other person or entity taking part or assisting in 998 actions regarding any structures or uses at the affected property. Such service shall be 999 made personally or by registered mail or certified mail; provided, however, that failure to 1000 serve any person or entity mentioned in the preceding sentence shall not affect the 1001 efficacy of the order to remedy. 1002 1003 B. Fines and imprisonment. Pursuant to NYS Town Law § 268, any individual, association, 1004 organization, partnership, firm, corporation or other entity recognized by law that violates 1005 any provision of this Chapter, any term or condition of a plat or of any approval issued 1006 pursuant to this Chapter, or any term or condition of any order to remedy or other order or 1007 notice issued by the Enforcement Official pursuant to any provision of this Chapter, shall be 1008 deemed guilty of an offense, and upon conviction thereof shall be subject to a fine or 1009 imprisonment (or both) as provided in § 268. Each week's continued violation shall 1010 constitute a separate offense. 1011 1012 C. Civil penalties. In addition to any other remedies, any individual, association, organization, 1013 partnership, firm, corporation or other entity recognized by law that violates any provision of 1014 this Chapter, any term or condition of any plat or of any approval issued pursuant to this 1015 Chapter, or any term or condition of any order to remedy or other order or notice issued by 1016 the Enforcement Official pursuant to any provision of this Chapter, shall be liable for a civil 1017 penalty of not more than $1,000 for each day or part thereof during which such violation 1018 continues. The civil penalties provided by this subsection shall be recoverable in an action 1019 instituted in the name of the Town of Ithaca; 1020 1021 D. Injunctions and court orders. An action or proceeding in the name of the Town of Ithaca 1022 may be commenced in any court of competent jurisdiction to prevent, restrain, enjoin, 1023 correct, or abate any violation of, or to enforce, any provision of this Chapter, any term or 1024 condition of any plat or of any approval issued pursuant to this Chapter, or any term or 1025 condition of any order to remedy or other order or notice issued by the Enforcement Official 1026 pursuant to any provision of this Chapter. Such remedy shall be in addition to fines, 1027 penalties, imprisonment, and other remedies otherwise prescribed by law (including by this 1028 Chapter or by NYS Town Law). 1029 1030 E. Remedies not exclusive. No remedy, fine or penalty specified in this section shall be the 1031 exclusive remedy, fine or penalty available to address any violation described in this 1032 Chapter, and each remedy, fine or penalty specified in this section shall be in addition to, 1033 and not in substitution for or limitation of, the other remedies, fines or penalties specified in 1034 this section, or in any other section of this Chapter or other applicable law. Any remedy, fine 1035 or penalty specified in this section may be pursued at any time, whether prior to, 1036 simultaneously with, or after the pursuit of any other remedy, fine or penalty specified in this 1037 section, in any other section of this Chapter, or in any other applicable law. 1038 1039 § 234-39. (Reserved) 1040 1041 Article X. Expiration of Subdivision Approval 1042 1043 § 234-40. Conditions; procedures. 1044 1045 A. Subdivision approvals shall expire in accordance with the provisions of NYS Town Law §§ 1046 276(7)(c) and 276(11). 1047 22 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations 1048 B. In addition to expiration pursuant to subsection A above, subdivision approvals (both Final 1049 and Preliminary) shall expire and the permissible construction on the property shall revert to 1050 that which would otherwise be in effect in the absence of such subdivision approval, unless 1051 within 36 months from the date of the filing of the approved final subdivision plat: 1052 1. Work has materially commenced in accordance with the finally approved subdivision 1053 plat; or 1054 2. One or more lots have been transferred from the subdivider and the deeds for same 1055 duly recorded in the Tompkins County Clerk's Office. 1056 1057 C. For the purposes of Subsection B in this section: 1058 1. Work will not have "materially commenced" unless, at a minimum: 1059 (a) A building permit, if required, has been obtained for at least one structure in the 1060 subdivision; 1061 (b) Construction equipment and tools consistent with the size of the proposed work 1062 have been brought to and been used on the site; and 1063 (c) Significant construction of streets or utilities, or significant framing, erection, or 1064 construction of a material structure, has been started and is being diligently 1065 pursued. 1066 2. A lot will not have been "transferred" unless conveyed by a deed, duly executed and 1067 recorded in the Tompkins County Clerk's Office, to: 1068 (a) A person unrelated to the subdivider in a bona fide transaction for value; or 1069 (b) A person related to the subdivider or for less than reasonable value in accordance 1070 with circumstances related to the Planning Board as part of the subdivision 1071 approval (e.g., a subdivision where the intention is to convey a lot to a relative or to 1072 convey a lot to an adjacent landowner for less than full value). 1073 1074 D. In addition to the foregoing, subdivision approval for a subdivision requiring construction of 1075 streets, drainage courses, water or sewer lines, or other such facilities, shall terminate as to 1076 any un-transferred lots in the event that such facilities are not substantially completed within 1077 36 months of the date of the filing of the approved subdivision plat. 1078 1079 E. The Planning Board, upon request of the subdivider, and after a public hearing, may extend 1080 the time limits for such additional periods and upon such conditions as the Planning Board 1081 may reasonably determine. An application for such extension may be made at the time of 1082 filing of the original application or at any time thereafter up to, but no later than, six months 1083 prior to the expiration of the time limits set forth above: 1084 1. The Planning Board shall grant the request for such extension if the Board finds: 1085 (a) The imposition of the time limits set forth above in Subsections B and D would 1086 create significant hardship on the subdivider; and 1087 (b) There has not been a significant change in zoning, subdivision, engineering, 1088 environmental, or other relevant review requirements or standards since the initial 1089 approval or any subsequently granted extensions. 1090 2. For the purposes of this section, a "significant hardship" includes, but is not limited to: 1091 (a) A significant economic loss that the subdivider would suffer if an extension were not 1092 granted; or 1093 (b) The subdivider's inability to timely proceed because of: 1094 [1] A generally adverse economic climate; or 1095 [2] The subdivider's own economic circumstances have changed detrimentally; or 1096 [3] An adverse event or events in the subdivider's personal affairs. 1097 1098 F. In the event of any termination of subdivision approval pursuant to these provisions, the 1099 Planning Board or Director of Planning shall cause a notice of such termination to be 1100 23 Town of Ithaca, NY – Chapter 234: Subdivision of Land TB-CB-PB review/referral/recommendations delivered personally to the subdivider, or forwarded by certified mail, return receipt 1101 requested, to the subdivider at the last address for the subdivider on file at the Town of 1102 Ithaca Planning Department and shall cause a copy of such notice, together with an 1103 affidavit of service (personally or by mail) to be recorded in the Tompkins County Clerk's 1104 Office in Miscellaneous Records or other appropriate location. 1105 1106 G. Nothing in this section is intended to alter the effect of Town Law § 265-a on lots in a 1107 subdivision when zoning is changed to increase lot sizes or other requirements thereby 1108 rendering an existing subdivision's lots nonconforming. 1109 1110 H. In a regulating plan area for traditional neighborhood development (TND), New 1111 Neighborhood Code rules for expiration of subdivision approval apply. (Preliminary plat: § 1112 272-703.4.1; final plat: § 272-703.4.2.) 1113 1114 § 234-41. (Reserved) 1115 1116 Article XI. Supersession 1117 1118 § 234-42. Supersession. 1119 Pursuant to NYS Municipal Home Rule Law § 22, the Town hereby states that its intent is to 1120 supersede all contrary provisions of New York State Town Law, including, but not limited to, the 1121 following: 1122 1123 A. Town Law § 276, Subdivision 4’s definition of subdivision, and Subdivisions 7(c) and 11 (to 1124 the extent the Town has added additional or different expiration and extension provisions); 1125 1126 B. Town Law § 277, Subdivision 2 (to the extent that the Town has added more requirements), 1127 and Subdivision 7 (to extent the Town has added a different waiver standard applicable to 1128 application submissions); and 1129 1130 C. Town Law § 278, Subdivisions 2(a) and 3(a) (to the extent the Town has altered the 1131 Planning Board’s discretion as to whether to allow a cluster subdivision), Subdivision 3(c) 1132 (to the extent the Town has altered the Planning Board’s discretion regarding conditions on 1133 the ownership, use, and maintenance of open lands shown on a plat) and Subdivisions 2 1134 and 3 (to the extent the Town has added different and additional procedures and standards 1135 related to cluster subdivisions). 1136 1137 Prepared by Planning staff 9/1/2026- revised 10/13/26 1 Town of Ithaca Planning Board Compiled comments on draft revised regulations: Town Code Chapter 234 Subdivision of Land Articles I through V: No comments for Town Board (only minor clarifying questions, typos, etc.) Article VI: Major Subdivisions §234-21. Planning Board findings and decision: Please revise letter C so the criteria/standards are objective so that the Planning Board can apply and make adequate findings. At 9/15/26 PB meeting, Board deleted lines 470-473, beginning with “exterior characteristics” and ending with “In making this finding,”. Article VII: Subdivision Design Standards §234-24. Cluster subdivisions-D. Resource Analysis: Consider reducing the classification to two Classes of conservation assets, with Class 1 (Primary) being unbuildable and Class 2 (Secondary) being buildable, with conservation assets listed for both. §234-24. Cluster subdivisions-E. Calculation methodology to determine required open space assets in cluster subdivisions, based on Resource Analysis. Overall, the board is concerned that this methodology will create significant barriers to affordable housing development. Consider: • Reducing the 40% required preserved open space of the parent parcel (e.g., 35%, 30%, etc.). • Combining the Classes (per above), then reducing the preserved percentage of new Class 2 assets to less than 80% (e.g. 75%, 70%, etc.). §234-26. Conventional subdivision design standards and procedures. Line 785 states “Conventional subdivisions do not require a resource analysis, conservation easement, or plat notation.” The Planning Board recommends striking this sentence. They believe that a subdivider will have to go through the resource analysis process to make a compelling case for a conventional subdivision (required in §234-24.C.1(c)). Articles VIII through XI: No comments for Town Board (only minor clarifying questions, typos, etc.) PROPOSED RESOLUTION: Recommendation to the Town Board Proposed Revisions to Town Code, Chapter 234 Subdivision of Land Town of Ithaca Planning Board October 20, 2026 WHEREAS: The Town of Ithaca Codes and Ordinances Committee has drafted revisions to the Town of Ithaca Code, Chapter 234, Subdivision of Land; and WHEREAS: The Town of Ithaca Town Board has referred the proposed revisions to the Town of Ithaca Planning Board for review and recommendations; and WHEREAS: The Town of Ithaca Planning Board has discussed the proposed revisions at its meetings on July 7, 2026, July 21, 2026, September 15, 2026, and October 20, 2026; NOW, THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby recommends that the Town of Ithaca Town Board adopt the proposed revisions to Town Code, Chapter 234, Subdivision of Land, with the following suggested modifications: [Planning staff/attorney will add language for any suggested mods at meeting] a. b. c. Moved: Seconded: Vote: