Town of Ithaca

Public Hearing

 The Ithaca Town Board will hold a public hearing at its meeting at 215 Tioga St, Ithaca, on October 29, 2018 beginning at 5:30 p.m. regarding a proposed local law amending the Town of Ithaca Code, Chapter 270 Entitled “Zoning,” to modify provisions of the Stream Setback law pertaining to the identification of the stream setbacks on applications and plats and other related provisions.  At such time and place, the public is invited to speak regarding the proposed action.

 Paulette Rosa

Town Clerk

10/19/2018

 

TOWN OF ITHACA

LOCAL LAW NO. ___ OF THE YEAR 2018

A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE,

CHAPTER 270 ENTITLED “ZONING,” TO MODIFY STREAM SETBACK PROVISIONS PERTAINING TO THE IDENTIFICATION OF STREAM SETBACKS ON APPLICATIONS AND PLATS AND OTHER RELATED PROVISIONS

 

            Be it enacted by the Town Board of the Town of Ithaca as follows:

            Section 1.  Chapter 270 (Zoning), Article XXVI (Special Regulations), of the Town of Ithaca Code, Section 270-219.5.D, titled “Stream setback standards,” subparagraphs 13 and 14 are deleted in their entirety and replaced by new subparagraphs 13 and 14 reading as follows:

 

“(13)    An applicant will be responsible for identifying the approximate limits of the stream setback on all subdivision applications.  In addition, an applicant will be responsible for identifying the approximate limits of the stream setback on all site plan applications, special permit, special approval and variance applications, building permit applications, and excavation or fill permit applications, where project limits (which term includes any soil-disturbing activity, staging, or other development-related activity) are within 100 feet of the outer edge of Zone 2, including adjustments for slopes and wetlands. This identification shall be done at the time of submission of any application.  The applicant shall provide evidence satisfactory to the town through documentation, on-site markings, or other means that the proposed activity is outside of the stream setback zones (or if not, that a variance will be sought).  This identification shall be subject to review and approval by the appropriate board or officer.

 

(14)      The Planning Board shall require the identification of the approximate limits of the stream setback on all subdivision plats and site plans for properties to which this

            § 270-219.5 applies.  A note shall be placed on the approved plat and site plan indicating that the property is subject to Town of Ithaca zoning provisions regarding stream setbacks, and that restrictions and setbacks on development, soil disturbance, vegetation removal and other activities apply.  The Planning Board and Zoning Board of Appeals shall reference any stream setback zones in any special permits, special approvals or variances they grant.  The Planning Board and Zoning Board of Appeals may require stream setback zone restrictions to be incorporated into the deeds for properties that contain such setbacks.”

 

            Section 2.  In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity.

            Section 3.  This local law shall take effect immediately upon its filing with the New York Secretary of State.