Town of Ithaca, NY Article VII Expiration of Subdivision Approval

[Added 4-10-1995]

§ 234-39 Conditions; procedures.

A. In addition to any other provisions of law governing expiration of subdivision approvals, including those provisions which provide the subdivision approval expires if the approved subdivision map is not filed with the Tompkins County Clerk within a specified time of approval, a subdivision approval will also terminate under the circumstances set forth below.

B. If the proposed subdivision requires construction of any facilities such as roads, drainage courses, water or sewer lines, or other similar facilities, unless within 10 years of the date the Planning Board gave final subdivision approval 1) work has materially commenced on such facilities in accordance with the finally approved subdivision plat; or 2) one or more lots have been transferred from the developer and the deeds for same duly recorded in the Tompkins County Clerk's Office, the subdivision approval (both final and preliminary) shall expire and the permissible uses and construction on the property shall revert to those that would otherwise be in effect in the absence of such subdivision approval. Notwithstanding the foregoing, if final subdivision approval was granted prior to April 1, 1995, the time for work to materially commence or lots to be sold shall be extended to April 1, 2005.

C. For the purposes of this § 234-39:

(1) Work will not have "materially commenced" unless, at a minimum:

(a) A building permit, if required, has been obtained for at least one structure in the subdivision; and

(b) Construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and

(c) Significant construction of roads or utilities, or significant framing, erection, or construction of a material structure, has been started and is being diligently pursued; and

(2) A lot will not have been "transferred" unless conveyed by a deed, duly executed and recorded in the Tompkins County Clerk's Office, to:

(a) A person unrelated to the subdivider in a bona fide transaction for value; or

(b) A person related to the subdivider or for less than reasonable value in accordance with circumstances related to the Planning Board as part of the subdivision approval (e.g., a subdivision where the intention is to convey a lot to a relative or to convey a lot to an adjacent landowner for less than full value).

D. If the proposed subdivision does not require the construction of any facilities, the subdivision approval (both final and preliminary) shall expire within the time limits set forth above with the consequences set forth above and subject to the ability to obtain extensions as set forth below, unless at least one lot of the subdivision has been transferred.

E. In addition to the foregoing, a subdivision approval for a subdivision requiring construction of facilities shall likewise terminate as to any untransferred lots in the event that the facilities are not substantially completed within 10 years of the date of final subdivision approval.

F. The Planning Board, upon request of the subdivider, after a public hearing, may extend the time limits for such additional periods and upon such conditions as the Planning Board may reasonably determine. An application for such extension may be made at the time of filing of the original application or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above.

(1) The Planning Board shall grant the request for such extension if the Board finds:

(a) The imposition of the time limits set forth above in Subsections B, D and E would create significant hardship on the subdivider; and

(b) There has not been a significant change in zoning, subdivision, engineering, environmental, or other relevant review requirements or standards since the initial approval or any subsequently granted extensions.

(2) For the purposes of this section, a "significant hardship" includes, but is not limited to:

(a) A significant economic loss that the subdivider would suffer if an extension were not granted; or

(b) The subdivider's inability to timely proceed because of:

[1] A generally adverse economic climate; or

[2] The subdivider's own economic circumstances have changed detrimentally; or

[3] An adverse event or events in the subdivider's personal affairs.

G. In the event of any termination of subdivision approval pursuant to these provisions, the Planning Board or Town Planner shall cause a notice of such termination to be delivered personally to the subdivider, or forwarded by certified mail, return receipt requested, to the subdivider at the last address for the subdivider on file at the Town of Ithaca Planning Department and shall cause a copy of such notice, together with an affidavit of service (personally or by mail) to be recorded in the Tompkins County Clerk's Office in Miscellaneous Records or other appropriate location.

H. Any subdivider who believes the termination of approval pursuant to this section is not warranted may file an application for a hearing before the Planning Board. Such application shall be filed within 30 days of the delivery of the notice referred to above (for this purpose "delivery" shall be deemed to occur on the date the notice is personally delivered or the day it is delivered to the postal service for mailing). The Planning Board shall hold a public hearing on such application on at least five days prior notice given in the same manner as required for public hearings on subdivision approvals, within 60 days of receipt of such application. The burden of establishing that the approval should not be terminated shall rest upon the applicant. If the Planning Board determines that the approval was improperly terminated, it shall render a decision so stating and shall cause a notice to that effect to be forwarded to the Tompkins County Clerk's Office for recording in the same location as the notice previously effecting such termination. Any determination of the Planning Board regarding such termination may be reviewed by a proceeding brought pursuant to Article 78 of the Civil Procedure Law and Rules. Such proceeding shall be commenced no later than 30 days after the decision being reviewed has been filed by the Planning Board with the appropriate Town Clerk.

I. Nothing in this § 234-39 is intended to alter the effect of Town Law § 265-a on lots in a subdivision when zoning is changed to increase lot sizes or other requirements thereby rendering an existing subdivision's lots nonconforming.

J. In a regulating plan area for traditional neighborhood development (TND), New Neighborhood Code rules for expiration of subdivision approval apply. (Preliminary plat: § 272-703.4.1; final plat: § 272-703.4.2.)