As used in this chapter, unless the context
or subject matter requires otherwise, the following terms shall have
the meanings indicated:
The Planning and Development Board of the City of Ithaca,
New York.
The City Engineer of the City of Ithaca, New York, unless
otherwise specified.
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.
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.
Any subdivision of land resulting in creation of a maximum
of one additional buildable lot.
Any subdivision of land resulting in creation of two or more
additional buildable lots.
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.
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.
A map, drawing or chart on which the subdivider's plan of
subdivision is presented to the Planning and Development Board.
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.
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.
PUBLIC STREETOne owned and maintained by the city.
PRIVATE STREETOne privately owned and which may be privately maintained.
MAJOR STREET, ARTERIAL STREET or ARTERIAL HIGHWAYOne carrying or designed to carry fast or heavy traffic or a recognized part of a through route.
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.
MINOR STREET- One used primarily for access to the abutting properties.
MARGINAL ACCESS STREETA minor street parallel and adjacent to an arterial street or highway, providing access to abutting properties and protection from through traffic.
ALLEYA minor way used primarily for vehicular service to the back or side of properties otherwise abutting on a street.
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.
The owner of the parcel seeking subdivision approval.
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.
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).
