Town of Ithaca, NY Procedures for Creation of New Zones

Any person or entity requesting the establishment of a zone shall proceed as follows:

The applicant shall have the option to make an informal presubmission presentation to the appropriate Board or to the Town planning staff at which time rezoning application requirements and procedures may be reviewed. A sketch plan or other general description should be prepared by the applicant for use at the presubmission meeting, to indicate the general nature of the proposal. A purpose of this nonmandatory meeting would be to give the applicant, before incurring substantial expense to comply with the formal application process, an opportunity to discuss the applicant's plans informally to determine if there are substantial reasons known to the Town staff that would suggest the proposal would not be acceptable to the applicable Town Boards and to provide an opportunity for achievement of a project and rezoning that would be acceptable in the public interest.

The applicant shall submit an application to the Town Planner on forms supplied by the Town which shall include such information as the Town Planner may reasonably require to evaluate the proposal. Such application shall be accompanied by any required fees.

The applicant shall submit with the application a general site plan which shall be transmitted to the Town Board and which shall show (unless one or more items are waived by the Town Board) property lines, including metes and bounds, adjacent public streets, topography, size and location of existing or proposed structures, and such other plans and information deemed reasonably necessary by the Town Board for adequate study of the proposed plan.

The Town Board shall preliminarily determine whether it will consider the application for the rezoning, or deny same. If the Town Board determines that it will entertain the application the Town Board shall refer the matter to the Planning Board for review and recommendation.

The applicant shall be notified of the referral and shall be required to provide such additional materials, including any required environmental assessment forms, drawings, elevations, or other documents as the Town Planner may reasonably require to allow a full and complete study of the proposal. Such materials shall be supplied at least 10 working days prior to the Planning Board meeting at which the matter will be considered.

Upon review of the matter by the Planning Board after such referral, the Planning Board may require such changes in the general site plan as are necessary to meet the requirements of this chapter and may make any other recommendations which it deems necessary to promote the general health, safety, morals, and welfare of the community. The Planning Board shall then adopt a resolution recommending a) a finding regarding environmental significance of the proposal, and b) either approval, approval with modifications, or disapproval of the proposed plan. Before any such resolution is adopted, the Planning Board shall hold a public hearing which shall be heard by the Planning Board within 45 days of the filing of the general site plan and all related materials with the Planning Board, and such hearing shall be advertised in a newspaper of general circulation in the Town of Ithaca at least five days before such hearing. The Planning Board shall make its recommendation within the 45 days after the hearing and forward the same to the Town Clerk.

The Town Board shall comply with applicable provisions of SEQR.

The Town Board shall hold a public hearing on the proposed zone with the same notice required by law in the case of an amendment to the Zoning Ordinance, which public hearing may include any public hearings required by SEQR. If the Town Board establishes such zone after such hearing, it shall define the boundaries thereof, approve the general site plan and impose any modifications and additional requirements as it may determine. Before finally establishing any such zone, the Town Board may refer the application to the Town Planning Board or the Zoning Board of Appeals for such further consideration as the Town Board may require. No building permit shall, in any case, be issued on the basis of a general site plan.

Whenever a zone other than a Planned Development Zone is created pursuant to the provisions of this article, the owner shall be bound by the general site plan as approved and adopted by the Town Board, except that the Planning Board shall have authority to authorize minor changes or additions to the general site plan provided the same do not materially alter the intensity of use or other significant characteristics of the general site plan, and provided the same do not violate any express conditions imposed by the Town Board in creating the zone. In the case of zones other than Planned Development Zones, the Planning Board may authorize changes or additions provided the same do not violate any express conditions imposed by the Town Board in creating the zone.

Upon the creation of the zone, unless the general site plan was of sufficient detail and contained sufficient information as to constitute, in the Town Board's discretion, a final site plan, the matter shall be referred to the Planning Board for final site plan approval in accordance with the site plan approval process set forth below.