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Home My WebLink About2003-11-25 - TB TOWN OF ULYSSES SPECIAL TOWN BOARD MEETING NOVEMBER 25 ,2003 PRESENT : Supervisor Douglas Austic ; Councilpeople Carolyn Duddleston, Lee Scott and Sue Poelvoorde ; Councilman Robert Weatherby absent ; Marsha Georgia, Town Clerk Others Present : Roxanne Marino Supervisor Austic called the meeting to order and resumed review of the Draft Zoning Ordinance. Article XIV — Administration 14. 1 Board of Zoning Appeals Town Attorney Bruce Wilson has advised deletion of a lot of the original language and simply wants to reference Town Law . 14. 1 . 1 Establishment 6th paragraph - last line - orders shall be 14. 1 . 2 Area Variances 3rd line - should read granting of - not if 14. 1 .3 Use Variances 2'1 sentence - not instead of mot - also granting of - not if 14. 1 .4 Special Permit 2nd paragraph - Town Law Section - capitalize i 14. 1 .5 Application for Special Permit Same Capitalization of Town Law Section Where it refers to Code Enforcement Officer — make it Zoning Enforcement Officer — Do this throughout the entire document to make consistent . #5 — needs period #7 — 1st line — propose should be proposed 3rd line — end should be and 14.2 Site Plan Review 14.2 .2 Applicability 3rd line - extra space and needs period 14.2 .3 Procedure Sketch Plan Conference Make 1st sentence — The applicant has the option to a Sketch Plan Conference with the Zoning Officer and a Planning Board representative . Special Town Board Meeting 11 /25/2003 2nd line — after proposed project change to read — advise the applicant as to the general process and the application requirements and to highlight any concerns that may be raised by the Planning Board . The Sketch Plan Conference is held between the applicant, the Zoning Enforcement Officer and a representative from the Planning Board. Needs title before the next part Formal Application Site Plan Approval #5 - delete any — start sentence with Other — at the end of #5 put see Section 14. 2 . 4 Next paragraph — again change Zoning Enforcement Officer and delete the Note Last paragraph put period after Chairman of the Planning Board delete — or their designee, of an application Page 53 5th paragraph — the Chairman of the Planning Board shall endorse Page 54 3rd paragraph — delete 14.2 .4 Site Plan Information Required # 1 — propose should be proposed c . — off street should be off-street Page 55 1 . — capitalize Health in Tompkins County Health Department #4 — delete the note Page 56 14.2 .5 Review Criteria # 1 - at end put ; Renumber after deleting #4 14.2 .6 Consultation and Hearing on Proposed Site Plan 2nd sentence — change conservation council to conservation advisory committee Questioned raised — What is "Natural Resource Conservation Service" — take out — if the Board does not know who it is how can they tell someone to refer to — ask George 14.2 . 8 Performance Guarantee In 2nd paragraph or make new something about a Performance Bond? 14.2.9 Waiver of Requirements for Site Plan Approval Ms . Poelvoorde stated that she has a problem with giving the Town Board the authority to waive items in a procedure that is the Planning Board ' s — all of a sudden the Town Board is thrown into the mix when they have never been in there before . To her it all gets back to the Planning Board getting the proper training to know what the procedure is and to know what they are doing, etc . It was decided to remove "the Town Board" from this section. C) Special Town Board Meeting 11 /25/2003 14.2. 10 Modification to Approved Site Plans 1st paragraph — period at end na 2 paragraph - #2 delete in — should read — the shift of the Page 58 #2 capitalize Prevention Last paragraph — change to read — Such modification may be made without resubmittal and approval by the Planning Board, upon receipt of a building permit. 14.3 Establishment of RM-Multiple Residence, MHP-Manufactured Home Park, Bl -Business, or IL-Light Industry District. #6 - should be points not pints 14.4 Inspections : General 1st sentence — Should read — The Zoning Enforcement Officer shall have the right upon notice to inspect Discussion of Bonding / Performance Bonds Discussed Section 255 . 1 and 2 in Land Subdivision Regulations and Ms . Poelvoorde looked up Section 277 of Town Law . The general consensus was to put section 255 . 1 & 2 in Site Plan Review under 14 . 2 . 8 Performance Guarantee as follows . (I am not sure it was decided to make it the 2nd paragraph or the last . ) Before the Planning Board grants final approval of the Site Plan, the applicant shall follow the procedure set forth in either paragraph 1 or paragraph 2 below . 1 . In an amount set by the Planning Board the applicant shall either file with the Town Clerk a certified check to cover the full cost of the required improvements OR the applicant shall file with the Town Clerk a performance bond to cover the full cost of the required improvements . Any such bond shall comply with the requirements of Section 274a of the Town Law and further, shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution, and surety. A period of 1 year (or such other period as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed . 2 . The applicant shall complete all required improvements to the satisfaction of the Zoning Enforcement Officer, who shall file with the Planning Board a letter signifying the satisfactory completion of all improvements required by the Planning Board. For any required improvements not so completed the applicant shall file with the Town Clerk a bond or certified check covering the costs of such improvements not approved by the Zoning Enforcement Officer. Any such bond shall be satisfactory to the Town Board and Town Attorney as to form, sufficiency, manner of execution, and surety. Also in the existing 2na paragraph add after certificate of occupancy — and/or Site Plan Compliance Certificate. Under Extractive Industry put something similar to what is in the Tower Ordinance. Sample : At the time of obtaining Site Plan Approval the applicant must provide a financial security bond for reclaiming and property restoration, at the termination of operation, with the municipality as the assignee, in an amount approved by the Planning Board. 2 Special Town Board Meeting 11 /25/2003 Review of Land Subdivision Regulations Check with County Clerk as to what they except for maps / plat plans . 112 . 1 Simple Subdivision Take out or lots and or more 112.2 Minor Subdivision 2nd line add — and which — after lots 112.3 Major Subdivision Put period after 4 or more lots — delete or otherwise not qualifying as a Rural or Minor Subdivision 112 .4 Sketch Plan After Section 212 — the first stage submission to the Zoning Enforcement Officer sufficient for the proposed to be classified as to type of review required and referred to the Planning Board for their general recommendations as to any adjustment needed to satisfy the objective of these regulations 112.5 Preliminary Plat Should be Planning Board not just Planning 112 . 7 Lot Put period after Tax Maps — delete rest of sentence. 113 .09 - Delete (no seasonal roads in the Town) 201 Declaration of Policy — Why do we need — ask Bruce about all of Section 201 If any is left start at the last paragraph — 6th line needs to delete ::pace Page 3 — Column 1 — 1 lth line — delete if such exists 13th line — change Master Plan to Comprehensive Plan 14th line — delete if such exists Delete last sentence after parks and playgrounds Section 202 # 1 — after 2 needs or more #2 — extra space between with the — needs spaces after the numbers — this needs to be done throughout the document Under Note — consolidation — after County Assessor delete everything in 2°a column — but after Assessor put — shall be registered with Zoning Enforcement Officer 202 .2 - #2 — extra spaces after granted Note: Change all references to Zoning Officer or Town Zoning, Officer to Zoning Enforcement Officer 202.3 - after Article add and — delete this is a requirement of New York A Special Town Board Meeting 11 /25/2003 202 .4 - page 4 — 1st column — should be Zoning Enforcement Officer shall institute proceedings 203 - 1st paragraph — put period after procedures — delete the rest 203 . 1 - delete (Example : Zoning) 203 .3 - delete or lots and or more Change the order in Section 203 — make Simple 1st — Minor 2nd — Major 3`a 204 - delete 2nd paragraph 205 - 3rd line — delete retain — replace with request - last line should read — the cost will be 206 - capitalize Planning — delete New York before Town Law 210. 1 To initiate review and approval of a subdivision or re-subdivision an owner/subdivider of land must submit to the Zoning Enforcement Officer: 1 . a written request to approve the proposed subdivision, including any information the owner considers pertinent, and 2 . copies as required of a sketch play of the proposed subdivision (a sketch plat must comply with the requirements of Section 212) , for the purpose of preliminary discussion and classification as to type of subdivision review procedure to be followed. Based on an acceptable sketch plat, the subdivision is to be classified at this time by the Zoning Enforcement Officer as to whether it is subject to the Simple Subdivision, the Minor Subdivision, or the Major Subdivision review procedure of these regulations . 3 . When determined by the Zoning Enforcement Officer to be a Minor Subdivision of Major Subdivision the owner/subdivider must submit the sketch plat at least ten days prior to the regular meeting of the Planning Board . Delete 211 — (now part of 210 . 1 ) 212 - delete and or Planning Board 220 - spell out New York State 231 - 2nd paragraph delete Clerk of the Planning Board and replace with Zoning Enforcement Officer — change beginning to read — At least 9 copies shall be requested 3rd paragraph — shall be an approved fee as established by a Town Board Resolution 232 - #2 — monuments as approved by the Town Board #3 — delete minimum — put Tompkins County Health Department #5 — north arrow — not point #6 — find out what County Clerk needs 234 - a public hearing may be — insert after time — the subdivider plat is submitted for approval — The hearing shall be advertised in the official newspaper of the Town at least 5 days before such hearing. Page 8 — top — certified by the Chairman of the Planning Board 235.4 - delete — duly designated officer of — put Chairman of the Planning Board c Special Town Board Meeting 11 /25/2003 240 — delete everything after 240 through 269 are to be followed 241 — 2nd paragraph — at least 9 copies — presents to the Zoning Enforcement Officer 3rd paragraph — accompanied by a fee established by Town Board Resolution 4th paragraph — delete Clerk of the Planning Board — replace with Zoning Enforcement Officer — replace — Clerk with Zoning Enforcement Officer shall note the date . 242. 01 — true north arrow not point 242.08 — Comprehensive Plan not Master Plan Meeting concluded at 242 . 11 — will resume on December 1st, 2003 at 6 : 30 p .m. It was suggested that James Meeker Highway Superintendent review the Road Design Regulations for any updates or changes . A