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HomeMy WebLinkAboutLL 05 of 2013 Revise Cluster Subdivision RegulationsAndrew M. Cuomo Governor State of New York DCPARTHWEMT OF-SqpAT=E One Commerce Plaza 99 Washington Avenue Albany, NY 12231-0001 Cesar A. Perales Secretary of State July 1, 2013 Debra DeAugistine Deputy Town Clerk 215 N Tioga Street Ithaca NY 14850 RE: Town of Ithaca, Local Law 5 2013, filed on June 19, 2013 Dear Sir/Madam: The above, referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.nv.qov. Sincerely, State Records and Law Bureau (518) 474-2755 VWVW.DOS.NY.GOV • E-MAIL: INFO@DOS.NY.GOV New York State Department of State Division of Corporations. State Records and Uniform Gommercia! Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 LOCBI LdW FilinQ www.dos.state.ny.us/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. □County GCity GTown GVillage (Select one:) of Ithaca Local Law No. 5 of the year 20"'3 A local law Amending the Town of Ithaca Code, Chapter 234 Entitled -Subclivlsfon of Land'. (Insert Title)Regarding Cluster Subdivisions Be it enacted by the Town Board of the (Name of Legislative Body) □County GCity GTown GVillage (Select one:) of Ithaca as follows; See attached. (If additional space is needed, attach pages the same size as this sheet, and number each.) PanPi 9 nf 4. (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) Final adoption by local legislative body only.) ^ f n13 r 1 ,,<sreby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of Passed by the Town Board on Jooe 10 20 "*3 in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) f on f I hereby certify that the local law annexed hereto, designated as local law No. of 20 ot the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the.^ ^nd was deemed duly adopted (Elective Chief Executive Officer*) on 20| I I , in accordance w ith the applicable provisions of law. of 20 of3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. the (County)(City)(Town)(Village) of was duly passed by the QP 20 . was (approved)(not approved) ie of Legislative Body) (repassed after disapproval) by the ^ o" ^^ • (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 . and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the „ — oo 20 . Such local(Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. Pafir=i ^ nf 4 nr\Q_no'?o_f_i fOo\t 5. (City local law concerning Charter revision proposed by petition.) I^herehv certify that the local law annexed hereto, designated as local law No of of t ,ity of having been submitted to referendum pursuant to the provisions of section (36)(37) of t lunicipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (speciai)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of ^State of New York, having been submitted to the electors at the General Election of November 20 pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and fin^y^qpted in the manner indicated in paragraph j above. /a Clerk body, City, Town or Village Clerk or officer designated by 1lated by Local legi^tive body (Sealf q \ Date: nnQ-n9'^Q-fJ /Row nR/19\ PariR^nf/l Adopted 6/10/2013 1 TOWN OF ITHACA LOCAL LAW NO. 5 OF THE YEAR 2013 A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 234 ENTITLED “SUBDIVISION OF LAND”, REGARDING CLUSTER SUBDIVISIONS Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 234 (Subdivision of Land), Article V (Rules and Regulations for Clustered Subdivisions) of the Town of Ithaca Code, §234-32 titled “Number of dwelling units permitted” is amended as follows: A. Delete the last sentence of subsection A and replace it with a new sentence reading as follows: “In addition, the density of dwelling units in a clustered development shall not exceed 3.5 dwelling units per gross acre in a Medium Density Residential Zone or 2.3 dwelling units per gross acre in a Low Density Residential Zone.” B. In subsection B, replace “§ 281” with the phrase “Town Law § 278”. C. Delete subsection F and replace it with a new subsection F reading as follows: “No more than six semidetached, attached, or multistory dwelling units shall be permitted to be clustered in any one structure.” Section 2. Chapter 234 (Subdivision of Land), Article V (Rules and Regulations for Clustered Subdivisions) of the Town of Ithaca Code, §234-33 titled “Buffer zone requirement” is amended by deleting § 234-33 in its entirety and replacing it with a new § 234-33 reading as follows: “§234-33. Buffer zone requirement. Buffer zones shall be at least 30 feet wide between the buildings in a clustered subdivision and the boundary of adjacent lots in residential, conservation, or agricultural zoning districts, and at least 20 feet wide between the buildings in a clustered subdivision and the boundary of adjacent lots in commercial, industrial, or other zoning districts. Parkland deeded to the Town of Ithaca pursuant to these subdivision regulations shall be provided with a separation from the nearest building of at least 20 feet. The Planning Board may require a buffer at least 40 feet wide between the edge of the pavement of any public road in a clustered subdivision and any adjoining lot. Notwithstanding the foregoing, the Planning Adopted 6/10/2013 2 Board may require a buffer of at least 125 feet between a community center and the boundary of adjacent lots in any zoning district. The Planning Board may also, at its discretion, require the subdivider to provide adequate landscaping within the buffer area. Parking shall be forbidden in the buffer area.” Section 3. Chapter 234 (Subdivision of Land), Article V (Rules and Regulations for Clustered Subdivisions) of the Town of Ithaca Code, §234-34 titled “Regulation of exterior characteristics” is amended as follows: A. Delete the title and replace it with the title “Building placement and design”. B. Reletter subsection “A” as subsection “E”, delete subsection B, and add new subsections A through D reading as follows: “A. Building placement: general. (1) Location of structures and other improvements must place the highest priority on the preservation of environmentally sensitive areas and agricultural uses. (2) Buildings in a cluster should be grouped as closely as possible to use the site efficiently and to maximize common open space. (3) Staggered front setbacks or random building placement in a cluster of buildings that face a common courtyard is discouraged. B. Building spacing. (1) Distance between principal structures: (a) Side to side: 10 feet minimum. (b) Otherwise: 40 feet minimum. (2) Distance between principal and accessory structures, and between accessory structures: 5 feet minimum. C. Building setbacks. Building envelopes (areas that designate where buildings may be placed) must be included on the preliminary and final plats. Building envelopes do not have to conform to setback requirements in the Adopted 6/10/2013 3 underlying zoning district, but must conform to stream setback requirements in Chapter 270, Zoning, and to the buffer zone requirements in § 234-33 above. D. Building height. Building height must conform to the height requirements for the underlying zoning district as set forth in Chapter 270, Zoning.” Section 4. Chapter 234 (Subdivision of Land), Article V (Rules and Regulations for Clustered Subdivisions) of the Town of Ithaca Code, §234-35 titled “Restriction of unrelated persons” is deleted in its entirety. Section 5. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 6. This local law shall take effect immediately upon its filing with the New York Secretary of State.