The following text is a step-by-step description of the regulating plan review process, taken from Article 8 (planning actions and approvals) of the New Neighborhood Code (Town of Ithaca Town Code, Chapter 272). The text has cross-references to other parts of the New Neighborhood Code ("See §272-[x]") that explain the associated term or concept (neighborhood units, thoroughfare types, storefront frontage areas, and so on). (We encourage you to download a copy of the New Neighborhood Code if you want to see where the cross-references point to.) The South Hill TND proposal is at the late concept review stage (§272-802.3 B 4), as of 28 October 2021. After late concept review, formal application, and the environmental review and regulating plan approval/rezoning process (§272-802.3 C), may start. ![]() 272-802 Regulating plan 272-802.1 Overview A regulating plan is a master development and zoning plan for a TND project. The subdivision process may happen after the Town Board approves a regulating plan. (The subdivision process is in § 272-803.) 272-802.2 Regulating plan items (1) A regulating plan must have these items.
(2) A regulating plan may have other elements to:
These are some examples.
(3) A regulating plan may have a development agreement that sets:
(4) A regulating plan may show building or lot locations, but they are nonbinding. Subdivision lot sites, building/lot type and disposition requirements, and later approved site plans (if applicable), control building location. (5) The development concept in a regulating plan should follow the outcome of the charrette or sketch plan review, where possible. However, it must:
272-802.3 Process 272-802.3 A Requesting a regulating plan A regulating plan may apply to an area where the Town envisions walkable mixed use development. These parties may ask for a regulating plan.
272-802.3 B Before formal review (1) Pre-application review Pre-application review is an informal meeting between Town representatives, and the applicant for a regulating plan, at the concept stage of a TND proposal. The meeting lets the applicant and the Town consider and discuss these topics.
(2) Early concept review Concept plan review is a public meeting (not a public hearing) between a review body (Town Board, or a committee they choose), Town staff, and the applicant for a regulating plan, at the early formative stage of a possible TND proposal. The meeting lets Town staff and Town Board members consider and discuss (1) concept plans; and (2) possible issues, outcomes, and alternatives. (3) Design charrette A design charrette is a multi-day open planning process. During a charrette, stakeholders take part in a series of collaborative design exercises. A design team drafts a plan based on the outcome of those exercises, stakeholder comments, and the neighborhood and site design requirements of this code. A partial TND needs a design charrette if the Town Board, review committee, or Town staff finds the complexity or scope of the proposal, or the difficulty of integrating it into a future full TND, justifies or would benefit from a collaborative design process. A full TND needs a design charrette. Planning staff must approve the charrette structure. This includes format, agenda, schedule, location, stakeholders, public outreach, and how to make Planning staff aware of its progress and outcome. The charrette structure should follow model strategies from the National Charrette Institute (NCI). The resulting plan must be workable, and meet all relevant requirements of this code. However, it is advisory, and not binding. Late concept plan review is a public meeting (not a public hearing) between a review body (Town Board, or a committee they choose), Town staff, and an applicant for a regulating plan, at the late formative stage of a possible TND proposal. The meeting lets the applicant and the Town:
272-802.3 C Regulating plan review The regulating plan review process generally follows:
Public notification follows requirements of New York State Town Law and General Municipal Law. (1) Application and submittal The Planning Department receives applications for a regulating plan. The review and decision period starts when Planning staff finds the application is complete. An application is complete when the applicant:
Application requirements are in a separate guide. (2) Staff review Planning staff may refer the proposed regulating plan to other affected or interested departments for review. The departments must return comments or recommendations to Planning staff within 14 days of referral. (3) Planning Board review Planning staff will send the application and a staff report to the Planning Board. The Planning Board will hold a public hearing on the proposed regulating plan. The Planning Board will recommend (1) approval, (2) approval with modifications or conditions, or (3) disapproval of the regulating plan proposal. The recommendation is advisory and nonbinding. The Planning Board will send the application and their recommendation to the Town Board. (4) Town Board review The Town Board will hold a public hearing on the proposed regulating plan after review by the Planning Board. The Town Board will (1) approve, (2) approve with modifications or conditions, or (3) disapprove the regulating plan proposal. (5) Zoning and official map amendment Town Board approval:
272-802.4 Changes and additions 272-802.4 A Changes The Planning Director (or their designee) may review and decide about these minor changes to a regulating plan, if those changes meet criteria for an administrative adjustment (see § 272-805.2).
Zone boundary criteria in Article 9 determine zoning district boundaries. (See § 272-903.7 for criteria.) Otherwise, changes to a regulating plan need approval from the Town Board.
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