As used in this chapter, unless the context or subject matter requires otherwise, the following terms shall have the meanings indicated:
BOARD
The Planning and Development Board of the City of Ithaca, New York.
ENGINEER
The City Engineer of the City of Ithaca, New York, unless otherwise specified.
INFRASTRUCTURE
Improvements to the land to be subdivided that are necessary to provide the basis for final development and operation of the subdivision considered as a whole. Such improvements include but are not limited to streets, sidewalks, gutters and curbs, water mains, storm and sanitary sewer mains, drainage ways, streetlighting facilities and other public and private utility structures and facilities and may include amenity features, such as street trees within street rights-of-way. Improvements to individual parcels in a subdivision are not considered infrastructure for the purpose of this chapter.
LOT LINE ADJUSTMENT
Any conveyance of real property between adjacent landowners which does not result in additional buildable lot(s) nor create a zoning deficiency in either lot. A lot line adjustment is not considered a subdivision for purposes of this chapter.
MINOR SUBDIVISION
Any subdivision of land resulting in creation of a maximum of one additional buildable lot.
MAJOR SUBDIVISION
Any subdivision of land resulting in creation of two or more additional buildable lots.
MASTER PLAN, GENERAL PLAN or GENERAL COMMUNITY PLAN
A comprehensive plan prepared by or under the authority of the Planning and Development Board, pursuant to § 28-a of the General City Law, showing the general locations recommended for various classes of public works, structures, streets and open places and for the general physical development of the city, and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
OFFICIAL MAP
The map established by action of the Common Council under the authority of §§ 26 and 29 of the General City Law, showing the streets, other trafficway and parks or other public spaces laid out, adopted and established by law and adopted by the Common Council or additions thereto resulting from the approval of subdivision plats by the Planning and Development Board and the subsequent filing of such approved plats.
PLAT
A map, drawing or chart on which the subdivider's plan of subdivision is presented to the Planning and Development Board.
PRELIMINARY PLAT
The general plan of a subdivision, either designated as such at the election of the subdivider or deemed preliminary by the Planning Board as a result of conditional approval of a subdivision plat.
STREET
A way for vehicular traffic or a public thoroughfare, recognized or intended to be recognized as such by the Board of Public Works of the city.
A. 
PUBLIC STREETOne owned and maintained by the city.
B. 
PRIVATE STREETOne privately owned and which may be privately maintained.
C. 
MAJOR STREET, ARTERIAL STREET or ARTERIAL HIGHWAYOne carrying or designed to carry fast or heavy traffic or a recognized part of a through route.
D. 
COLLECTOR STREET or FEEDER STREETOne which carries traffic from minor to major streets, or vice versa, including the principal entrance streets of a residential development and streets for circulation within such development.
E. 
MINOR STREET- One used primarily for access to the abutting properties.
F. 
MARGINAL ACCESS STREETA minor street parallel and adjacent to an arterial street or highway, providing access to abutting properties and protection from through traffic.
G. 
ALLEYA minor way used primarily for vehicular service to the back or side of properties otherwise abutting on a street.
H. 
DEAD-END STREET, CUL-DE-SAC or LOOP STREETA trafficway which serves only properties bordering it and connects only with the street where it originates.
SUBDIVIDER
The owner of the parcel seeking subdivision approval.
SUBDIVISION
The division of a parcel of land into two or more lots or parcels for the purpose of sale or for building development or, if one or more new streets are involved, any division of a parcel of land, provided that a division of land for agricultural purposes into lots or parcels of five acres or more and not involving a new street shall not be deemed a subdivision. The term includes resubdivision and may refer either to the process of subdividing or to the land subdivided. Subdivision does not include lot line adjustments as defined in this chapter.
SUBDIVISION PLAT
The map or chart that is presented to the Planning and Development Board for approval and which, if approved, will be submitted to the County Clerk for recording.
A. 
Grounds generally. In cases where the Planning and Development Board finds that strict compliance with these regulations would involve unnecessary hardship or practical difficulties not caused by the subdivider, the Board may vary the regulations so that substantial justice may be done and the public interest secured, provided that no variance may be granted which will have the effect of nullifying the purpose and intent of the General Master Plan or of these regulations.
B. 
Major developments. The standards and requirements of these regulations may be modified by the Planning and Development Board in the case of a more-comprehensive development than an ordinary subdivision, e.g., one creating a complete neighborhood unit in which, in the judgment of the Planning and Development Bard, adequate public spaces and provision for circulation, recreation, light, air and service needs of the tract, when developed and used, will be the case and in which also protective covenants, agreements or other provisions will assure substantial achievement of the objectives of these regulations.
C. 
Purpose. In granting variances and modifications, the Planning and Development Board may require such conditions as will, in its judgment, secure the substantial achievement of any standards or requirements so modified.
A. 
Whenever any lot line is proposed to be adjusted between adjacent landowners and before any sale of property for such lot line adjustment, the owner or the owner's agent shall apply, in writing, to the Department of Planning, Building and Development or approval of the lot line adjustment. See Article II.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
B. 
Whenever any land is proposed to be subdivided and before any sale of property in such subdivision or an offer to sell the same or any part thereof as subdivided property, the owner or the owner's agent shall apply, in writing, to the Planning and Development Board for approval of such subdivision, conforming to the provisions of Articles II and III of this chapter.
A. 
The issuance of certificates of lot line adjustments pursuant to Article II are ministerial acts for purposes of environmental review.
B. 
Unless otherwise specified by the Common Council, the Planning and Development Board shall be the lead agency in all necessary environmental review of any proposed subdivision, in accordance with state environmental quality review regulations and the City Environmental Quality Review Ordinance,[1] as provided under this Code. No application for preliminary approval of a subdivision plat shall be considered complete in the absence of a negative declaration or notice of completed DEIS (General City Law § 32).
[1]
Editor's Note: See Ch. 176, Environmental Quality Review.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
A. 
The Planning and Development Board shall have the authority to implement the provisions of this chapter pertaining to subdivisions and Article IV of Chapter 325, Zoning, of the City of Ithaca Municipal Code.
B. 
The Director of Planning and Development or his/her designee shall have the authority to implement the provisions of this chapter pertaining to lot line adjustments.
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.