HomeMy WebLinkAboutPB Resolution 2026-009, ODA Code Amendment TOWN OF ULYSSES
III PLANNING BOARD
Planning Board Resolution No. 2026-009
A Resolution Recommending that the Town Board Amend the Town's Zoning Code Related to
Open Development Areas
WHEREAS, the Planning Board finds the following:
1. The Town Board has received requests from property owners to establish open
development areas (ODA) for their properties in order for the Town's Building Official to be
able to issue construction permits as required per the Consolidated Laws of New York
(CLNY) 62.16.280-A; and
2. The Town Board has received recommendations by Town Legal to consider the creation of a
local law to in part establish criteria for making decisions related to ODAs; and
3. The Town Board met on January 27, 2026 and passed Town Board Resolution 2026-050
requesting the Planning Board provide recommendations of criteria and documentation
that should be considered in making a determination as to whether a parcel should be
designed as an ODA; and
4. The Planning Board met on February 17, 2026, March 3, 2026, March 17, 2026, and April 7,
2026 to consider the request; and
5. There are several possible scenarios for consideration of an ODA including existing parcels
that have been developed, existing parcels that are vacant, and proposed parcels part of a
subdivision;
NOW, THEREFORE, THE PLANNING BOARD RESOLVES THE FOLLOWING:
1. The Planning Board recommends the Town Board amend the Town's Zoning Code to
establish a process for considering ODAs for existing land locked parcels identified in the
2025 Tax Maps for Town of Ulysses that already have a principle dwelling unit on the
property and as recommended in Exhibit A attached hereto.
2. The Planning Board further recommends the Town Board consider ODAs as an alternative
type of subdivision when working on a Housing Action Plan and other research as needed to
help implement the 2045 Comprehensive Plan.
Planning Board Chair Date
Ayes: Klankowski, Klein, Liddle, McDonald
Nays: None
Absent: None
Abstain: None
d s..
Exhibit A
Planning Board Recommendations for Code Amendments to the Town's Zoning Code
Related to Open Development Areas
1. Two new definitions to be added to Chapter 212 Article IV Terminology Section 22 Definitions:
• Land Locked Tax Map Parcel—an individually Tax map identified property which has no frontage
on an existing street, road or highway and no frontage via a pole like a Flag lot.
• Open Development Area (ODA)—A land locked tax map parcel wherein permits may be issued
for the erection of residential structures or improvements,to which access is given by right-of-
way or easement, upon such conditions and subject to such limitations as may be prescribed by
general or special rule of the Planning Board. In accordance with the Consolidated Laws of New
York 62.16.280-A subsection D,The Town Board may, by resolution, establish an open
development area or areas within the Town.
2. A new section added, perhaps to Chapter 212 Article XXIV General Provisions,titled 'Open
Development Area (ODA):
• Intent.
The intent of this section is to provide a formal process for property owners to request an Open
Development Area (ODA) and to establish specific standards related to ODAs.
• Applicability.
This section shall only apply to legally established land locked parcels identified in the 2025 Tax
Maps for Town of Ulysses that already have a legally established principal dwelling unit on the
property.
• Statutory authority.
In accordance with the Consolidated Laws of the State of New York 62.16.280-A,the Town Board
of the Town of Ulysses has the authority to establish ODAs.
• Procedure.
i. Property owners may submit an application to the Town Board upon forms provided by the
Town Clerk.An application shall identify all town permits required by the applicable
development regulations as they apply to the proposed action.Applications may be filed by
a property owner or an agent acting on their behalf. At a minimum, applications shall include
the following information:
1. A completed permit application packet containing all required forms, information, and
any information necessary to process the application indicated by the town.
2. Part 1 of an environmental checklist (SEAR).
3. A statement that the applicant is the owner of the property affected by the application
or is authorized by the owner to submit the application.
4. Documentation of the establishment of the subject parcel.
5. A property and/or legal description of the subject parcel.
6. Documentation of an access easement.
7. Documentation of the establishment of the principal dwelling unit.
8. A complete and accurate site plan or proposed plans set.
9. Filing fee.
Exhibit A: Planning Board Recommendations for Code Amendments Page 1 of 2
to the Town's Zoning Code Related to Open Development Areas
ii. Fees.
Fees shall be submitted with applications in accordance with the current fee ordinance
adopted by the Town Board. An application shall not be considered complete until the
required fee has been submitted.
iii. Request for Comments.
The Town Board may, by resolution, request the Planning Board, Building Official, and
Planner review the ODA request and provide comments and recommendations to the Town
Board.The Planning Board, Building Official, and Planner shall have 30 days from the date of
the Town Board resolution to submit comments to the Town Board.
iv. Public Notification Requirements.
The Town Board shall provide 30-day notice of the proposed action to the applicant and all
property owners subject to the access easement in addition to all other requirements for
publication of a hearing notice pursuant to the laws of the State of New York.
• Standards.
In establishing an ODA, the Town Board shall determine the following:
i. The subject parcel was legally established and has a legally established principal dwelling.
ii. The right of way granting access to the parcel(s) shall remain in place.
iii. The driveway will consist of asphalt, another hard surface, or gravel and will be sufficient to
support the passage of emergency vehicles with at least a 20"wide entrance for each
residence and from the public road.
iv. Trees and branches overhanging the access road shall be trimmed to accommodate vehicles
approximately 13—14 feet tall.
v. House number signs shall be installed at the start of the driveway of each house in the ODA
and at splits in the access road.
vi. Any land disturbance within the ODA shall be subject to site plan approval by the Planning
Board.
vii. All future deeds and easements for all the parcels in the ODA shall contain the following
provision: "This conveyance is made and accepted subject to the Open Development Area
conditions approved by the Town Board of the Town of Ulysses on
(insert date)."
• Established ODAs.
The following ODAs have been established by the Town Board.
i. Town Board Resolution: ()
1. Established: ()
2. Addresses: ()
3. Parcels: ()
ii. Town Board Resolution: ()
1. Established: ()
2. Addresses: ()
3. Parcels: ()
Exhibit A: Planning Board Recommendations for Code Amendments Page 2 of 2
to the Town's Zoning Code Related to Open Development Areas