HomeMy WebLinkAboutCurrent Village LawsLocal Laws Page 5
Village of Cayuga Heights
Village of Cayuga Heights
Amendments Between February 1, 1963 and February 1, 1967
previously appearing in printed material incorrectly as Amendments to Article XI)
Article IX Zoning
Section 2 – Residence District.
9. Any cemetery purpose approved by the Village Board. (Effective 4/20/66)
Section 3 – Multiple Housing District
In the Multiple Housing District no building shall be erected or extended and no land
or building shall be used for other than any of the following purposes:
1. Any use permitted in the Residence District.
2. Any of the following uses:
a. Dwelling for three or more families.
b. Church or other place of worship; convent, parish house, Sunday
School building, provided that no bowling alleys shall be included in
any such building.
c. Public library or public museum, parochial school, nursery school,
school operated by a non-stock corporation under the education laws
of the State. (Amended 9/1/65)
d. Fraternity and sorority. (Eff. 6/15/66)
e. Hospital or sanitarium for the treatment of human beings, other than
the criminal, insane, feeble-minded, epileptic, drug, liquor, or
psychiatric patients. Nursing, or convalescent homes are prohibited.
Provided that any landowner who intends to use land for any of the purposes
listed above shall submit to the Village Board a site plan and such other evidence as
maybe required by the Board of the proposed use, and shall be given opportunity to
explain to the Village Board the nature of and reason for the intended use.
The Village Board shall consider the following: the location and size of the use,
the nature and intensity of the operation involved, and the size and topography of the
site in relation to it, the location of the site with respect to roads giving access to it,
the provisions for parking, and the relation of the size of the building and lot to the
parking area, and any other reasonable requirements necessary to keep the proposed
use safe and in harmony with the appropriate and orderly development of the
Multiple Housing District.
These standards shall be in addition to those listed in Sections 5 through 10.
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Action by the Village Board signifying acceptance of a plan shall be the necessary
preliminary to the issuance of a permit by the Village Zoning Officer, otherwise the
Village Zoning Office shall deny the application for a permit.
No building which has been erected, altered, or extended, shall be used or
changed in use until a certificate of occupancy shall have been issued by the Zoning
Officer, stating that the buildings or proposed use thereof complies with the
provisions of this ordinance. (Eff. 5/22/66)
3. Any use by an institution of higher learning necessary to or incidental
to higher education provided that any landowner who intends to use land for any
of the aforementioned purposes shall submit to the Village Board a site plan and
such other evidence as my be required of the proposed use, and shall be given
opportunity to explain to the Village Board the nature of and reasons for the
intended use.
In arriving at a decision, the Village Board shall consider the following:
the location and size of the use, the nature and intensity of the operation involved,
and the size of the site in relation to it, the location of the site with respect to
roads giving access to it and an other reasonable requirements necessary to keep
the proposed use in harmony with the appropriate and orderly development of the
Multiple Housing District. These standards may replace those listed in Sections 5
through 10.
Action by the Village Board signifying acceptance of a plan shall be the
necessary preliminary to the issuance of a permit by the Village Zoning Officer;
otherwise the Village Zoning Officer shall deny the application for a permit. (Eff.
9/1/65)
Section 4. Commercial District.
In the Commercial District, no building shall be erected or extended and no land or
building shall be used for other than one or more of the following purposes:
1. Any use permitted in the Multiple Housing District, subject to the other requirements
as set forth in SECTION 3 above
2. Any of the following uses:
a. Retail store.
b. Business or professional office.
c. Restaurant or dairy bar for the serving of food and beverages but only
on special approval of the Board of Trustees. In granting approval, the
Board of Trustees shall determine, after a public hearing, that a need
for such use exists for the convenience of the neighborhood and that
the general welfare of the Village will be served and that there will be
no excessive noise in connection with the use.
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Village of Cayuga Heights
d. Bank or other financial institution.
e. Gasoline retail sales station including facilities for minor repairs, but
only on special approval of the Board of Trustees.
f. Place of business of the following, and businesses of a similar nature,
provided that any manufacture or processing of goods on the premises
is clearly incidental to a retail business conducted on the premises:
Baker Furrier Shoeshiner,
Barber Hairdresser Shoemaker
Caterer Manicurist or Repairer
Confectioner Milliner Tailor
Decorator Optician Telegraph and
Dressmaker Photographer Telephone Office
Dyer Printer Undertaker
Florist Upholsterer
Commercially operated swimming pool
Hand laundry or machine rental laundry
g. Theater, but not a drive-in theater, and only on special approval of the
Board of Trustees.
h. Car-wash operation and car-rental operation, subject to special
approval of the Board of Trustees (Eff. 8/1/65)
Provided that any landowner who intends to use land for any of the purposes
listed above shall submit to the Village Board a site plan and such other evidence
as may be required of the proposed use, and shall be given opportunity to explain
to the Village Board the nature of and reason for the intended use. The Village
Board shall consider the following: the location and size of the use, the nature
and intensity of the operation involved, and the size and topography of the site in
relation to it, the location of the site with respect to roads giving access to it, the
provisions for parking and the relation of the size of the building and lot to the
parking area, the amount of traffic generated by the said business, and any other
reasonable requirements necessary to keep the proposed use safe and orderly in
the Commercial District.
These standards shall be in addition to those listed in Sections 5 through 10.
Action by the Village Board signifying acceptance of a plan shall be the
necessary preliminary to the issuance of a permit by the Village Zoning Officer,
otherwise the Village Zoning Office shall deny the application for a permit.
No building which has been erected, altered, or extended, shall be used or
changed in use until a certificate of occupancy shall have been issued by the
Zoning Officer, stating that the buildings or proposed use thereof complies with
the provisions of this ordinance. (Eff. 5/22/66)
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Village of Cayuga Heights
Village of Cayuga Heights
Amendment to Article IX
Zoning Ordinance
January 4, 1980
SECTION 2.
7 b. Customary home occupation, such as dressmaking, hairdressing, laundering
home cooking, or Family Day Care Home in accordance with the Social Services Law of
the State of New York, conducted by one person only, resident in the dwelling, provided
that no goods or products are publicly displayed or offered for sale. Five members voted
yes. Trustee Philbrick opposed.
SECTION 8. PORCHES, DECKS AND CARPORTS
In determining the percentage of building coverage of a lot or the size of yards for the
purpose of this ordinance, porches, decks or carports open at the sides, but roofed, shall
be included in the building coverage. Unroofed porches or decks, the surface of which is
over two feet above the surface of the underling ground as finally graded shall also be
included in the said determination. In cases where the proposed grade line of the ground
is higher than the existing ground, the change of grade must be approved by the Zoning
Officer at the time of issuance of the zoning permit.
SECTION 9. FENCES AND WALLS
The provisions of this ordinance unless otherwise specified shall not apply to fences or
walls not over four feet high above the natural grade, or to terraces, steps, driveways,
open parking areas or other similar features. Fences over four feet in height are permitted
only when set back to the same yard requirements as for buildings. Swimming pools
other than small portable pools, shall be enclosed by protective fencing.
To take effect on publication. 1/4/80
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Village of Cayuga Heights
Village of Cayuga Heights
Amendment to Article IX Zoning
Effective February 1985
Section 7. Building Coverage.
b. Frontage on Public Street: Each lot shall have a minimum frontage on a public
street of seventy-five (75) feet; except any frontage on a cul de sac in a subdivisions,
approved by Trustees, shall have such frontage as shown on the approved subdivision
plan. This ordinance shall apply to any lots hereinafter subdivided or developed by
placing a building thereon.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1986
A Local Law to Amend the Zoning Law Regulating the Installation and
Maintenance of Antennas Within the Village of Cayuga Heights
SECTION 1. FINDINGS AND PURPOSE
The Board of Trustees of the Village of Cayuga Heights have become concerned about
the appearance and impact of antennas. The Board finds that, unless regulated, antennas
can be installed in an aesthetically unpleasant manner with an adverse impact on
surrounding property values and the enjoyment and use of surrounding properties. The
intent and purpose of this local law is to establish a procedure and criteria to avoid the
adverse impacts of the installation of all antennas and to preserve the character, beauty
and general welfare of the municipality.
SECTION 2. APPLICATION AND PROCEDURE
Any antenna installed on any building or separate therefrom is considered a structure
requiring issuance of a building permit by the building inspector. Any antenna located on
the ground must be screened from the roadway by foliage, fencing or walls, as approved
by the building inspector. No antenna shall be located on any trailer or portable device.
No antenna shall be located in any front yard as defined by the zoning ordinances of the
Village and shall be considered as an accessory structure requiring compliance with all
minimum yard requirements.
SECTION 3. PENALTIES FOR VIOLATION
Where a violation of this local law is determined to exist, the Zoning Officer shall serve,
by registered mail or personally, on the owner, agent or contractor of the subject premises
or on the leasee or tenant of the subject premises a notice of violation requiring the
removal of the violation within 10 days after service of the notice. If the person or
persons notified shall fail to remove the violation within the allotted time period, the
Zoning Officer shall commence appropriate proceedings before the Justice Court o the
Village of Cayuga Heights. The municipality may take any appropriate action or
proceeding in addition to the aforesaid remedy, including proceeding by any available
remedy. Failure to comply with the provisions of this local law shall be deemed a
violation and the violator shall be subject to a fine of not more than $50.00 for each
violation and each day’s failure to comply shall be deemed a violation.
SECTION 4. EFFECTIVE DATE
This local law shall take effect upon enactment and publication in the manner provided
by law.
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 1987
AMENDMENT TO SIGN ORDINANCE
SECTION 17. SIGNS
The purpose of this local law is to promote and protect the public health, welfare and
safety of the Village of Cayuga Heights by regulating existing and proposed indoor and
outdoor signs of all types.
As used in this local law unless otherwise expressly stated:
Sign” shall mean any material, structure or device of fixed location and
stationary components which is used to advertise or promote the interests of any
person or business when the same is placed in view of the general public.
Indoor Signs” are signs inside of buildings, which are designed and placed to be
read from outside the building.
Erect” shall mean to display, relocate, place, affix or maintain any sign, and shall
also include the painting of exterior wall signs.
The “face” of a building shall mean any outer surface of a building, which is
visible from any private or public street or highway except the roof or roofs.
The “front” of a building shall mean that face which contains the front entrance.
Illuminated sign” shall mean any sign illuminated directly or indirectly by
electricity, gas, or other artificial light, including reflective or phosphorescent
light originating from outside the body of the sign or from within or behind it.
Projecting sign” shall mean any sign which projects from the exterior of any
building.
On premises sign” shall mean any sign related to an activity, business or
profession conducted, or to a commodity or service sold or offered upon the
premises where such sign is located.
Sign area” shall mean the surface area of the sign including the frame, plate or
structure used to hold up any lettering or pictorial matter. In the event a sign is
attached, painted or applied to the front or face of a building or is irregular in
shape the area of the sign shall be taken as the area of the smallest rectangle that
can be placed over the entire sign, including its lettering, devices, frame and
decorative moldings along its edges, and background, if of a different color than
the predominant color surrounding the sign except as otherwise provided herein.
In the event that both upper case and lower case letters are used in a lettered wall
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sign, the area shall be defined by the smallest rectangles that can be placed over
the series of lower case letters plus the area of the smallest rectangles that can be
placed over the upper case letters. In the event that a letter or letters or other
pictorial matter are placed as separate units on background boards, the sign area
shall be calculated as the sum of the areas of the background boards. In the case
of a flat or two-sided free standing sign, the sign area is considered to be the
entire surface area of one face of the sign.
Free standing sign” shall mean any sign or sign structure not attached to the
exterior of a building.
Shopping center” or “multi-use commercial facility” shall mean any group of
two or more stores for which there is provided off-street parking.
A. General Regulations
1. Any illuminated sign or lighting device shall employ only lights emitting a
light of constant intensity. The lights shall be so regulated as to direction and
intensity that they cause no nuisance or traffic hazard.
2. A sign may project horizontally not more than two feet from the front or
face of a building.
3. Outdoor signs may be placed only on the faces of a building.
4. Only “on premises signs” as provided in this local law are permitted.
5. The maximum height of any part of a freestanding sign shall be six feet
above ground level.
B. Permitted Signs in all Districts.
1. The following signs in any area of the Village are permitted without a
permit:
a. Signs advertising the proposed sale, lease, or rental of the premises
upon which the sign is located, which sign shall not exceed 4 square feet
in area.
b. Professional nameplates that shall not exceed 2 square feet in area.
c. Signs denoting the name and address of the occupants of premises used
for residential purposes which signs shall not exceed 1 square foot in area.
d. Directional (entrance/exit) signs on premises, each not exceeding 2
square feet in area and which shall not include any trademarks or names of
businesses conducted or products sold.
e. A sign or notice, having an area of 10 square feet or less, of a public
utility necessary for the direction, information, or safety of the public.
2. The following signs are permitted in any area of the Village of Cayuga
Heights but they shall not be erected or maintained without a permit as
provided herein:
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a. One sign and one bulletin board customarily incident to places of
worship, libraries, museums, not to exceed 18 square feet and to be
located on premises of such institutions.
b. One sign not to exceed 6 square feet in area for social clubs or
societies, which shall be located on the premises of such institutions.
c. One sign of a temporary nature listing the architect, engineer,
contractor, or owner may be placed on premises where construction,
repair, or renovation is in progress. Such sign shall be removed
immediately upon completion of the project or after a period of three years
from the date of the permit, whichever comes first.
d. Each building in a commercial zone may have one or two signs, whose
total area shall not exceed 20 square feet. Said signs may be attached to or
painted on the front or face of each building or one or both signs may be
indoor signs. Where there are two signs they shall be attached to, painted
on, or applied to the front and to the face or faces of the building in such a
way that they are at an angle or not less than 90 degrees from one another.
e. Where more than one business occupies a single building, in place of
the sign restrictions in Section 2 (d), each business may have one or two
signs whose total area shall not exceed 10 square feet. One or both signs
may be an indoor sign.
f. If there are more than two businesses operated on any one parcel or
contiguous parcels, which parcel or parcels are under the ownership,
operation, management, or control of the same person, persons, firms, or
corporation, involving a shopping center or other multi-use facility, one
free standing sign which shall not exceed 18 square feet shall be permitted
for the parcel, parcels, development, or shopping center as a whole,
regardless of the number of separate businesses operated thereon, provided
that if such a sign is used, a sign of the kinds referred to in the first and
second sentences of the preceding section shall not be used.
g. Signs advertising store hours and “rules” of conduct are exempt from
this local law.
C. Temporary Signs
All signs of temporary nature such as political or civic posters, and other signs of
a similar nature, may be erected without a permit for a period not to exceed thirty
days on premises of any property owner by the property owner; with the condition
that a period of not less than eleven months shall elapse between the last day of
one period of showing and the first day of the next. The maximum size shall be
four square feet.
D. Application for Permit.
Application for a permit shall be made in writing by the owner of the premises in
duplicate, upon forms prescribed and provided by the Zoning Officer and there
shall be attached a detailed, to-scale drawing or blueprint showing a description of
the construction details of the sign and showing all the lettering and/or pictorial
matter composing the sign; position of lighting or other extraneous devices; a
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location plan showing the position of the sign on any building or land, and its
position in relation to nearby buildings or structures and to any private or public
street or highway.
E. Fees.
The following fees shall be paid upon issuance of the permit:
1. Application fee of five dollars ($5.00).
F. Procedures.
1. It shall be the duty of the Zoning Officer, upon the filing of an application for a
permit to erect a sign, to examine such plans, specification, and other data
submitted to him with the application, and, if necessary, the building or premises
upon which it is proposed to erect the sign or other advertising structure; and if it
complies with this local law, to approve the same and issue a permit.
2. If the said sign does not comply with this local law, the Zoning Officer shall
immediately notify the applicant. An appeal from his decision may be made to the
Board of Appeals. (Eff. 11/1/76)
3. In making any determination or decision with respect to any proposed sign,
any Village officer or the Board having jurisdiction shall be guided by the general
purpose of this local law and shall also consider the following:
a. The purpose for which the sign is erected and the distance from which the
sign is intended to be or can possibly be read and the character of adjacent
streets. In all cases, the smallest sign which will suit the purpose shall be the
guide, taking into account the legitimate commercial or other interests which
are intended to be promoted by the sign, and the speed limits and traffic
conditions on adjacent streets.
b. The number of letters on the proposed sign. A sign with only a few letters
need not be as large as one with many letters to be seen from the same
distance.
c. Other signs in the vicinity of the proposed sign.
d. The character of the neighborhood. The proposed use shall not be
detrimental to the general amenity or neighborhood character so as to cause a
devaluation of neighboring property or material inconvenience to neighboring
inhabitants or material interference with the use and enjoyment by the
inhabitants of the neighboring property.
e. The protection of the public interest and the desirability of maintaining open
spaces, views and vistas insofar as possible.
f. Any hardship imposed by this local law due to the nature of the sign, its
location and its purpose.
G. Revocation of Permit and Removal of Signs
1. Any sign which advertises a business no longer in existence on the premises
shall be removed by the owner of the premises upon which such sign is located as
soon as the business ceases to exist.
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2. No sign, whether new or existing, shall hereafter be erected or altered except in
conformity with the provisions of this law. However, notwithstanding any
provisions contained herein, the sign must be kept clean, neatly painted and free
from all hazards, including but not limited to, holes in the sign, faulty wiring,
loose fastenings and the sign must otherwise be maintained at all times in good
repair and shall not be detrimental or dangerous to the public health or safety. If
the Zoning Officer, or Board of Trustees, shall find that any sign violates any of
the foregoing provisions or that such sign is unsafe or is an actual or imminent
traffic or other hazard or danger to the public, he shall give written notice which
shall specify the violations and the items requiring correction or the removal of a
sign, as the case may be.
3. In the event of failure to comply with the requirements of said notice within
the period required therein, the permit for such sign shall be automatically
revoked and such sign shall be removed by the owner of the land on which such
sign is erected.
H. Non-Conforming Signs.
Any sign which has been in existence prior to the effective date of this local law and
which does not conform with the provisions and standards of this law and any
amendments thereto, shall be removed within 90 days from the effective date hereof.
I. Legal Fees.
Whenever any action at law is brought to collect a sum of money, the defendant shall pay
attorney’s fees.
J. Violations
Failure to comply with any of the provisions of this local law shall be deemed a violation
and the violator shall be liable to a fine of not more than $50.00 for each violation, and
each day’s failure to comply shall be deemed a violation.
K. Validity
If any section, subsection, phrase, sentence or portion of this local law is for any reason,
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such holding shall not
affect the validity of the remaining portions hereof.
L. Effective Date.
This local law shall take effect on the twentieth day after adoption. (11/15/87)
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Village of Cayuga Heights
Local Law No. 2 of the Year 1988
AMENDMENT TO ZONING ORDINANCE- SECTION 20
SECTION 20. ZONING PERMITS
No building or structure shall be begun or expanded nor shall any building be remodeled
so as to change the structure or function of any room therein until a zoning permit
authorizing such construction shall have been issued by the Zoning Officer.
Such building or structure shall be constructed or extended in accordance with the terms
of the permit.
Every application for a zoning permit shall state the intended use of the building, the
number of families to be housed, if any, the height of the building, and shall be
accompanied by a plot plan with all the dimensions shown indicating the size and shape
of the lot, the position of the buildings, and the front, side and rear yards.
This Local Law to take effect upon filling with the Secretary of State. (12/19/88)
Application for zoning permit shall be accompanied by fees payable to the Village as
follows:
For buildings the estimated cost of which is not in excess of $10,000 $ 5.00
For buildings estimated to cost over $10,000 and under $50,000 10.00
For buildings estimated to cost $50,000 and over and less than $100,000 20.00
For buildings estimated to cost $100,000 and over 40.00
Unless there has been substantial progress in the work for which a zoning permit was
issued, said permit shall expire one year from the date of issue.
SECTION 21. BOARD OF APPEALS
There is hereby established a Board of Appeals which shall function in such manner and
have such powers and duties as the Village Law of the State of New York and this
ordinance provide.
The Board of Appeals shall hear and determine appeals from any refusal of a zoning
permit by the Zoning Officer or review any order or decision of said Zoning Officer,
where such order or decision is based upon the requirements of this ordinance, except
where it is a matter referred to the Board of Trustees by this ordinance.
Where there are practical difficulties or unnecessary hardship in the way of carrying out
the strict letter of this ordinance, the Board of Appeals shall have the power, in passing
upon appeals, to vary or modify the application of any of the regulations or provisions of
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this ordinance so that the spirit of the ordinance shall be observed and public safety and
welfare secured and substantial justice done.
In addition to the legal requirement for publication, the Board of Appeals at least ten days
before public hearing, shall notify by mail the owners of property within two hundred
200) feet of the boundaries of the property subject to appeal.
The appellant shall pay for the advertising and notice as required in connection with
hearings, and for that purpose the Board of Trustees shall establish a fee.
SECTION 22. VIOLATIONS AND PENALTIES
In addition to the remedies provided by Sec. 93 and 197(c). of the Village Law of the
State of New York, failure to comply with this ordinance shall constitute a violation as
defined in the Penal Law of the State of New York, and any offender shall be punished in
accordance therewith, and each day’s violation shall constitute a separate offense.
SECTION 23. VALIDITY
The invalidity of any section or provision of this ordinance shall not invalidate any other
section or provision thereof.
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Village of Cayuga Heights
Local Law No. 1 of the Year 1989
Amendment to Article IX Zoning Ordinance
Section 7. Building Coverage
a. Size of Lots. Lot sizes in all districts shall be as follows:
Minimum average width 125 feet
Minimum average depth 150 feet
Effective: 11/20/89
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 1992
ESTABLISHMENT OF PLANNING BOARD
I. PURPOSE
The purpose of this local law is to establish a Planning Board for the Village of Cayuga
Heights, Tompkins County, New York.
II. BOARD OF TRUSTEES EMPOWERED TO ACT AS PLANNING BOARD
The Board of Trustees of the Village of Cayuga Heights, consisting of six members, and
the Mayor of the Village of Cayuga Heights together shall constitute and be empowered
to act as Planning Board for the Village of Cayuga Heights. All seven members of the
Planning Board shall be full voting members. The mayor shall be the chairman of the
Planning Board. The manner of election and appointment of trustees and provisions
relating to the length of their terms shall apply in like manner to their appointment to the
Board. The Mayor may appoint alternate members of the Planning Board to serve on the
Planning Board when a conflict of interest or extended absence of a regular Planning
Board member would preclude action by the Board. This law amends Section 7-718 of
the General Village Law pursuant to the powers granted to municipalities by Municipal
Home Rule Law.
III. POWERS AND DUTIES
A. Site Plan Review The Planning Board (hereafter referred to as “the Board”)
shall be empowered to review and approve, approve with modifications or disapprove
site plans, prepare to specifications set forth herein, and such other specifications as the
Board may reasonably require.
Site plan review shall be required for the following:
1. Land Use in Multiple Housing or Commercial District
Any land owner who intends to use land for any purpose or change an existing
use permitted in the multiple housing district or commercial district as defined in the
zoning ordinance of the Village of Cayuga Heights, shall submit to the Board a site plan,
a written statement and such other evidence as may reasonably be required by the Board
of the proposed use, and shall provide a statement explaining to the Planning Board the
nature of and reason for the intended use.
The following factors shall be considered by the Board:
a. The location and site of the use.
b. The nature and intensity of the operation involved.
c. The size and topography of the site in relation to it.
d. The location of the site in respect to the roads giving access to it.
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e. The provisions for parking.
f. The relation of the size of the building and lot to the parking area.
g. Traffic and noise generated by the proposed use.
h. Landscaping.
i. Architectural features.
j. Location and dimension of buildings.
k. Impact of the proposed use on adjacent land uses.
l. Effect on the environment.
m. Effect on infrastructure and existing Village services, including sewer, water,
drainage and solid waste.
n. Any other reasonable factors that will promote the safety of the proposed use
and the orderly development of the Multiple Housing or Commercial District.
o. Effect on population density, if any.
p. Any other factors reasonably related to the health, safety and general welfare
of the community.
2. Minor Subdivision.
Any land owner who intends to subdivide land in a manner that qualifies as a
minor subdivision” as defined herein shall apply to the Planning Board for approval of
the subdivision set forth below. A minor subdivision is the subdivision of any land into
not more than two lots (initial lot plus one new lot). Each lot shall front on an existing
street, not involve any new street or road or the extension of any municipal facilities, and
not be in conflict with any provision of the zoning law. The construction of more than
one principal building on any lot shall be construed as a subdivision of the lot into two
lots subject to the requirements of this law.
The following factors shall be considered by the Board:
a. Effect of the proposed subdivision on traffic and so traffic safety.
b. Effect of the proposed subdivision on the environment.
c. Any other factors reasonably related to the health, safety and general welfare of
the community.
3. Procedure
a. An applicant for site plan review under paragraphs 1 or 2 above shall file with
the Village Clerk a site plan conforming to the requirements of paragraph A-(4)
below, together with an application fee of $200.00.
b. Within a reasonable time of receipt of an application for a minor subdivision
the Board shall make a determination whether the application qualifies as a minor
subdivision as defined herein. If the Board determines that the application is not
for a minor subdivision the applicant shall be notified and may resubmit the
subdivision application as a major subdivision.
c. Within a reasonable time of receipt of an application for site plan review in the
multiple housing or commercial district pursuant to paragraph A (1) above, the
Planning Board shall hold a public hearing. The hearing shall be advertised in the
newspaper of general circulation in the Village at least ten days before such
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hearing. The applicant shall notify all contiguous property owners of the proposed
use by mail at least five days before the date of the hearing, and shall provide
proof of such mailing to the Planning Board. No public hearing shall be required
for a minor subdivision.
d. Within a reasonable time from the date of the public hearing, or of submission
of the application for a minor subdivision, the Planning Board shall deny or
approve, with or without modification, the site plan submitted for review. An
approved site plan will be endorsed by the Planning Board Chairman or someone
authorized by the Board to endorse the plan in the Chairman’s absence. After the
Planning Board has approved and endorsed the site plan, one copy of the plan
must be filed by the sub-divider with the Village Clerk
e. Approval of the site plan by the Board shall be a necessary prerequisite for
issuance of a building permit by the Village Zoning Officer.
4. Site Plan Requirements.
a. Site Plan for Land Use in Multiple Housing or Commercial District.
i. A field survey of the boundary lines of the property. made and certified
to by a licensed land surveyor, showing date, north point, map scale, and
name and address of record owner.
ii. The location of any and all buildings, streets, walkways, driveways and
landscaping.
iii. A general indication of existing natural features including topography,
streams, water bodies, ditches, buildings, large trees and tree masses and
other significant aspects of the environment.
iv. Architectural drawings, if deemed appropriate by the Board.
v. Such other information as reasonably required by the Board.
b. Site Plan for Minor Subdivision.
i. A field survey of the boundary lines of the property, made and certified
to by a licensed land surveyor, showing date, north point, map scale, and
name and address and address of record owner. The corners of the tract
and each lot shall be located on the ground and marked by measurements,
and shall be shown on the plan.
ii. The proposed lines, width, depth and area of each proposed lot.
iii. A general indication of existing natural features including topography,
streams, water bodies, ditches, buildings and large trees and tree masses,
and other significant aspects of the environment.
5. Written Statement
In an application for site plan review in a Multiple Housing or Commercial
district pursuant to paragraph A (1) above, the applicant shall submit a written
statement containing the following information:
1. The character and purpose of the proposed use.
2. A description outlining how the proposed development meets the factors set
forth in paragraph A (1) above.
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Village of Cayuga Heights
B. Approval of Plats for Major Subdivision
A major subdivision of land is a subdivision which does not qualify as a minor
subdivision, as defined in paragraph A (2) above.
1. Approval of Plats. The Planning Board shall be empowered to review and
approve plats showing lots, blocks or sites, with or without streets or highways,
and to conditionally approve preliminary plats.
2. Procedure. The Planning Board shall act in accordance with the requirements
set forth in Sections 7-728, 7-730 and 7-732 of the Village Law, and such
regulations as established from time to time by the Planning Board.
3. Cluster Development. The Planning Board shall be authorized to modify
applicable provisions of the Zoning Ordinance to allow flexibility design and
development of land, subject to the conditions set forth in Section 7-738 of the
Village Law and such other conditions as the Board of Trustees may determine by
resolution.
IV. REPEAL AND AMENDMENT OF PORTIONS OF THE ZONING ORDINANCE
A. The following portions of the Zoning Ordinance, forming part of the local
laws and ordinances of the Village of Cayuga Heights, are hereby repealed:
1. Under “SECTION 3, MULTIPLE HOUSING DISTRICT”, the following
wording is hereby repealed:
Provided that any landowner who intends to use land for any of the purposes
listed above shall submit to the Village Board a site plan and such other evidence
as may be required by the Board of the proposed use, and shall be given
opportunity to explain to the Village Board the nature of and reason for the
intended use.
The Village Board shall consider the following: The location and size of the use,
the nature and intensity of the operation involved, and the size and topography of
the site in relation to it, the provisions for parking, and the relation of the building
and lot to the parking area, and any other reasonable requirements necessary to
keep the proposed use safe and in harmony with the appropriate and orderly
development of the Multiple Housing District.
These standards shall be in addition to those listed in Sections 5 through 10.
Action by the Village Board signifying acceptance of a plan shall be the necessary
preliminary to the issuance of a permit by the Village Zoning Officer, otherwise
the Village Zoning Officer shall deny the application for a permit.
No building which has been erected, altered, or extended, shall be used or
changed in use until a certificate of occupancy shall have been issued by the
Zoning Officer, stating that the buildings or proposed use thereof complies with
the provisions of this ordinance.”
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Village of Cayuga Heights
2. Under “SECTION 4, COMMERCIAL DISTRICT” the following wording is
hereby repealed:
Provided that any landowner who intends to use land for any of the purposes
listed above shall submit to the Village Board a site plan and such other evidence
as may be required of the proposed use and shall be given opportunity to explain
to the Village Board the nature of and reason for the intended use. The Village
Board shall consider the following: The location and size of the use, the nature
and intensity of the operation involved and the size and topography of the site in
relation to it, the location of the site with respect to roads giving access to it, the
provisions for parking and the relation of the size of the building and lot to the
parking area, the amount of traffic generated by the said business, and any other
reasonable requirements necessary to keep the proposed use safe and orderly in
the Commercial District.
These standards shall be in addition to those listed in SECTIONS 5 through 10.
Action by the Village Board signifying acceptance of a plan shall be the necessary
preliminary to the issuance of a permit by the Village Zoning Officer, otherwise
the Village Zoning Officer shall deny the application for a permit.
No building which has been erected, altered, or extended, shall be used or
changed in use until a certificate of occupancy shall have been issued by the
Zoning Officer, stating that the building or proposed use thereof complies with
the provisions of this ordinance.”
3. Under “SECTION 13, MORE THAN ONE BUILDING ON A LOT” the
following wording is hereby repealed:
a. Subdivision of Lots. No lot or plot of land shall be sold, divided or set off in
such a manner that either the portion sold, divided or set off or the portion
remaining,
Shall have less than the minimum lot size prescribed by regulations relating to the
district in which it is situated, or,
Shall fail to provide the minimum yard requirement specified by the regulations
relating to the district in which it is situated in respect to any building or use then
existing, or
Shall have thereon a building which covers more than the maximum percentage of
the lot area specified by the building coverage regulations relating to the district
in which it is situated.
The construction of more than one dwelling house on any lot shall be construed as
a division of the lot into two lots within the meaning of this section.”
B. Section 7, subparagraph b, of the zoning ordinances is hereby amended by deleting
the word “Trustees” from the third line thereof, and replacing it with “the Planning
Board.” The subparagraph, as amended, shall read as follows:
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Village of Cayuga Heights
b. Frontage on Public Street: Each lot shall have a minimum frontage on a public
street of seventy-five (75) feet, except any frontage on a cul-de-sac in a
subdivision, approved by the Planning Board, shall have such frontage as shown
on the approved subdivision plan. This ordinance shall apply to any lots
hereinafter subdivided or developed by placing a building thereon.” (Amendment
underlined).
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Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 1 of the Year 1993
PLANNED UNIT DEVELOPMENT
TABLE OF CONTENTS
A. PURPOSE 1
B. REQUIREMENTS 1
1. MinimumAcreage 1
2. Permitted Land Use 1
3. Density 1
4. Size or Lots 2
5. Yards 2
6. Height of Building 2
7. Building Coverage 2
8. Natural Features 2
9. Storm Water Runoff 2
10. Site Planning Requirements 3
11. Special Circumstances 4
C. FACTORS TO BE CONSIDERED IN REVIEWING APPLICATION 4
D. PREAPPLICATION CONFERENCE AND CONCEPT PLAN 5
E. PRELIMINARY APPROVAL 6
1. Preliminary Development Plan 6
2. Description of the Development 8
3. Public Hearing 9
4. Procedure for Preliminary Approval 9
F. FINAL APPROVAL 10
1. Application 10
2. Final Development Plan 10
3. Contents of Plan 10
4. Construction Drawings 12
5. Financial Plan 12
6. Action on Final Development Plan 13
G. WARRANTIES AND FEES 14
1. Performance Guarantee 14
2. Warranty of Work and Materials 15
3. Review and Inspection Fee 16
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Village of Cayuga Heights
PLANNED UNIT DEVELOPMENT
A. PURPOSE
The purpose of a Planned Unit Development is to introduce a degree of flexibility in
conventional land use and design regulations which will encourage development in an
imaginative and innovative way while ensuring efficient investment in public
improvements, a more desirable environment, and protection of community interest.
A Planned Unit Development is primarily intended for residential development, but
may include accessory commercial and recreational development.
B. REQUIREMENTS
1. Minimum acreage – 20 acres
2. Permitted land uses
a. Residential land uses
b. Non-residential land use when:
i. Such use will contribute to quality of proposed development for
the area.
ii. Such use will enhance the surrounding neighborhood in terms of
open space, vehicular and pedestrian traffic movement,
landscaping, preservation of natural features and an improved
living environment.
c. Commercial land use when:
i. Such use is integral with, but clearly ancillary to, residential use of
the site.
ii. Such use will not create a consumer market that routinely extends
beyond the area of the Planned Unit Development.
3. Density
The number of dwelling units provided in a Planned Unit Development shall not
exceed the number of units that would be permitted by regulations of the
underlying district. For purposes of this Ordinance, a dwelling unit shall mean a
dwelling or residence containing one or more rooms designed or used for human
habitation and providing living accommodations that include separate eating,
sleeping and bathroom facilities for each family or household residing therein.
4. Size of Lots
Lot size shall be specified in an approved Planned Unit Development.
5. Yards
No structure shall be located less than 75 feet from any public road right-of-way
line existing at the time of the PUD application, or 100 feet from any other
existing property line bordering the PUD, or as otherwise approved in an
approved Planned Unit Development.
6. Height of Buildings
Unless otherwise approved by the Board of Trustees, no building shall be more
than two stories high and no building shall exceed a height of 30 feet from the
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Village of Cayuga Heights
average finished grade to average height between the eaves and ridge line of a
pitched roof or the highest point of a flat roof. This height limit shall not apply to
necessary mechanical or electrical equipment, sky lights, flag poles, light poles
and similar site amenities approved by the Board of Trustees.
7. Building Coverage
The total land coverage for all buildings in the Planned Unit Development shall
not exceed the coverage requirements of the underlying district.
8. Natural Features
Existing natural features on the site shall be preserved to the maximum extent
feasible and incorporated into the site design.
9. Storm Water Runoff
In general, the rate of storm water runoff from the Planned Unit Development site
after development is complete shall not exceed the rate that would normally occur
under a natural undeveloped condition as calculated for a fifty (50) year storm.
10. Site Planning Requirements
a. Roads. All proposed roads in a Planned Unit Development shall be
designed and constructed in accordance with standards approved by the
Village Engineer.
b. Service Areas. Loading and service areas that face or are visible from a
public road, including areas for the storage of solid waste and trash, shall
be screened from public view by a vertical screen at least six feet high. A
landscaped buffer strip or a combination of landscaping and fencing may
be used to provide the required screening.
c. Public Transit and Parking. The Board of Trustees shall be satisfied that
appropriate provisions are provided for public transit and that an adequate
amount of off-street parking will be provided for the proposed use. No off-
street parking space shall be located less than twenty-five feet from any
existing property line. All parking areas containing more than four spaces
shall be landscaped.
d. Underground services. All electric, telephone and television lines and
cables shall be placed underground. All access points shall be landscaped
in a manner approved by the Board of Trustees.
e. Lighting. Adequate site lighting shall be provided and shall be designed
and located so that it does not produce glare on adjacent properties and
does not impede the vision of traffic on adjacent roads.
f. Access Drives. Multiple and extra-wide driveways shall be avoided.
Access drives that do not provide safe sight distances shall not be
permitted. Access drives shall intersect existing roads at a ninety degree
angle and shall not have a slope of greater than five percent for a distance
of sixty feet from the intersection of centerlines.
g. Intersections. On- and off-site intersections shall be designed to
accommodate the expected traffic safely. Turning lanes, deceleration
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Village of Cayuga Heights
lanes, by-pass lanes and other safety measures shall be provided as
required by the Board of Trustees.
h. Signs. One identification sign shall be permitted. Such sign may be two-
sided but shall have a total area of no greater than sixteen square feet per
side. If lighted, the effects of lighting on automobile drivers shall be
considered. Lighting shall not produce glare on roads or adjacent
properties.
i. Operation. No offensive noise, traffic, odor, smoke, dust, heat, glare,
electrical disturbance or other pollutants shall be produced by the normal
operating conditions of the proposed Planned Unit Development.
j. Landscaping. The number of trees to be planted in the Planned Unit
Development shall be at least equal to the number of trees removed for
development purposes.
11. Special Circumstances
When the Board of Trustees determines that due to unusual circumstances of a
particular site the requirements set forth above are not necessary, in the interest of
public health, safety and general welfare, the Board of Trustees may modify such
requirements subject to any conditions it may wish to impose.
C. FACTORS TO BE CONSIDERED IN REVIEWING APPLICATION
1. Impact on existing and planned capacity of infrastructure system, including but
not limited to roads, water, sewer, energy and drainage.
2. Whether the proposed development promotes the orderly growth and sound
development of the community, and whether a need exists for the proposed
development.
3. The extent to which the plan departs from the zoning regulations applicable to the
property in terms of bulk, density, and permitted uses.
4. The existing character of the neighborhood and the relationship, beneficial or
adverse, of the proposed development to this neighborhood.
5. The consideration given to pedestrian circulation within and outside the
development and provision for open space.
6. Traffic circulation features within the site, including the amount of, location of,
and access to automobile parking.
7. The amount of traffic generated and provisions for adequately handling or
mitigating such volumes, and the nature and suitability of the connecting road or
highway system to absorb anticipated changes.
8. The provisions for storm water runoff, sanitary and solid waste disposal and other
utilities on and adjacent to the site.
9. Provision for access for emergency services.
10. Any other factor reasonably related to the general health, welfare and safety of the
community.
D. PRE-APPLICATION CONFERENCE AND CONCEPT PLAN
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Village of Cayuga Heights
The Board of Trustees shall schedule a pre-application conference to discuss general
development concepts of the proposed Planned Unit Development. The developer
should present information that would most help the Board of Trustees gain a full
understanding of the proposal. Information to be submitted should include:
1. Base map locating the project site and showing the immediately surrounding
neighborhood.
2. General analysis of existing site characteristics (topography, soils, floodable land,
natural features, environmentally sensitive areas, exceptional views, drainage
areas, etc.)
3. Narrative description of the proposed development including land use types,
densities, utility needs, traffic expectations, site amenities (open space, recreation
areas, general massing of landscaped areas, etc.), construction phasing, general
architectural character, restrictive covenants, etc.
4. A concept plan generally indicating the approximate location of existing and
proposed buildings, parking and service areas, patterns of vehicular and
pedestrian movement, the provision of utilities, site amenities, and any other
information that will help to explain the development concept.
E. PRELIMINARY APPROVAL
The developer shall file 14 copies of an application for preliminary approval of a
Planned Unit Development by the Board of Trustees with the Village Clerk, with an
application fee of $250.00. The application shall contain the following materials:
1. Preliminary Development Plan
The plan shall be prepared at a scale of no more than one hundred feet to
the inch, and shall show the following:
a. An actual field survey of the boundary lines of the tract, giving
complete descriptive data by bearings and distances, made and
certified to by a licensed land surveyor. The corners of tract shall
also be located on the ground and marked by substantial
monuments of such size and type as approved by the Village
Engineer, and shall be referenced and shown on the plan.
b. Proposed development name, name of Village, Town and County
in which it is located, date, true north point, scale, name and
address of record owner, developer and Engineer or Surveyor,
including license number and seal.
c. The names of the owners of record of all adjacent property as
disclosed by the most recent municipal tax records.
d. All parcels of land proposed to be dedicated to public use.
e. The location of proposed buildings, indicating size and height.
f. An analysis of how site planning is affected by existing soils in the
development area, including wetlands, floodable areas, depth to
bedrock and the seasonal water table.
g. Proposed landscaping treatment for open areas, buffer areas, roads,
and areas around and between structures indicating plant species
and the approximate size of trees to be used.
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Village of Cayuga Heights
h. Location of existing property lines, easements, road rights-of-way,
water courses and drainage ways, wetlands, rock outcroppings,
wooded areas, single trees outside wooded areas with a diameter of
4 inches or more as measured 3 feet above the base of the trunk,
and other significant existing features related to the proposed
planned unit development area and adjacent property.
i. Location of existing sewers, water mains, culverts and drains on
the property, with pipe sizes, grades and direction of flow.
j. Existing contours with intervals of five feet, or two feet for areas
with grades less than 5 percent.
k. The width and location of any existing roads or public ways or
places on or adjacent to the property, and the width, location,
proposed grade and typical cross-section of all private or public
roads or public ways proposed by the developer.
l. The approximate location and size of all proposed water lines,
valves, hydrants, sewer lines and fire alarm boxes. Connection to
existing lines or alternate means of water supply or sewage
disposal and treatment as provided in the Public Health Law.
Appropriate profiles of all proposed water and sewer lines.
m. A storm water drainage plan showing the calculated volume of
storm water run-off, the approximate location, size and grade of
proposed storm sewers, catch basin locations with approximate
inverts, the location and design of proposed detention or retention
facilities, if any, with connections to existing drainage ways or
proposed alternate means of disposal.
n. Site improvements including the approximate location and grade of
walkways, with typical cross-sections, the location and type of site
lighting fixtures, provisions for fire protection, special landscaping
features, outdoor recreation facilities and similar site amenities.
o. Preliminary designs of any bridges or culverts which may be
required.
p. Where applicable, the proposed lot lines with approximate
dimensions and area of each lot.
q. A written erosion control plan, indicating what, when and how
control measures will be installed.
2. Description of the Development
The developer shall submit written materials containing the following
information:
a. A written explanation of the character and purpose of the planned
unit development, including the type and density of housing
proposed and a description of the nature and extent of any
nonresidential and commercial land uses proposed.
b. A statement of proposed financing, including proposed sources of
funds and guarantees that the work will be completed as proposed.
c. An indication of the expected timetable for development.
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Village of Cayuga Heights
d. A description outlining how the proposed development meets the
objectives of a Planned Unit Development.
e. Description of land to be dedicated for public use and any
conditions related thereto.
f. Proposed covenants or deed restrictions.
g. The manner and extent to which the proposed development varies
from the zoning provisions of the underlying district.
h. Drawings and narrative describing the architectural character of
proposed buildings.
i. An environmental impact statement.
3. Public Hearing
Within sixty (60) days after the receipt of the application, a public hearing
shall be held, unless a different date is agreed to between the Board of
Trustees and the developer. The Village Clerk shall send written notice to
all owners of Village property contiguous to the boundaries of the
property under consideration. The notice has to be mailed at least ten days
in advance of the hearing. The public hearing may be continued or
adjourned from time to time by the Board of Trustees.
4. Procedure for Preliminary Approval
a. When the application is received, a copy of the proposal shall be
referred to the Tompkins County Planning Department in
accordance with sections 239-1 and m of Article 12-B of the
General Municipal Law.
b. The environmental review process shall be completed prior to final
decision on the application.
c. Within sixty (60) days from the date of the public hearing and
completion of the environmental review pursuant to 4.b. above, the
Board of Trustees shall make a final decision on preliminary
approval of the application. The Board may grant or deny
preliminary approval, or may grant approval of the application
with or without specified conditions to be met by the developer.
The Board of Trustees shall determine the amount and terms of a
Review and Inspection Fee established pursuant to Sec. G.3. herein
at the time of making a final decision on preliminary approval. The
time frame for such final decision to the Board of Trustees may be
extended by agreement between the Board of Trustees and the
applicant.
d. If preliminary approval is granted by the Board of Trustees, the
zoning map shall, by such approval, be amended to establish and
define the boundaries of the Planned Unit Development.
F. FINAL APPROVAL
1. Application
The developer shall, within six (6) months of receiving preliminary
approval, submit an application for approval of the final development plan
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Village of Cayuga Heights
to the Board of Trustees. The Board may extend the period for submission
of the final development plan by no more than an additional six months
upon application of the developer and upon good cause. The application
shall be accompanied by a filing fee of $250.00. If the application for final
approval is not submitted within six (6) months after the conditional
approval of the preliminary development plan (or within the extended
period), the Board may refuse to approve the final development plan and
require resubmission of the preliminary development plan.
2. Final Development Plan
Twelve copies of the final development plan shall be submitted. The size
of the sheet shall be 8-1/2 inches by 11 inches, minimum or 34 inches by
44 inches maximum, including a margin for binding. The plan shall be
drawn at a scale no smaller than 100 feet to the inch and oriented with the
north point at the top of the sheet. Where more than one sheet is required,
an additional index sheet of the same size shall be filed showing, to scale,
the entire planned development.
3. Contents of Plan
The final development plan shall contain the following items, in addition
to all data required for the preliminary development plan and not specified
below:
a. The name of the development and the Village, the name and
address of the record owner and developer, the name, license
number and seal of the land surveyor, project engineer, architect
and landscape architect.
b. Road right-of-way lines, pedestrian ways, lots, reservations,
easements, and areas to be dedicated to public use.
c. Final plans showing location, size and species of proposed
landscaping.
d. Sufficient data acceptable to the Village Engineer to determine
readily the location, bearing and length of every proposed road, lot
line and boundary line, and to reproduce such lines upon the
ground. Where applicable, these should be referenced to
monuments included in the State system of plane coordinates, and
in any event should be tied to reference points previously
established by a public authority.
e. The length and bearing of all straight lines, tangents, radii, length
of curves and central angles of all curves shall be given for each
road. All dimensions and angles of the line of each lot shall also be
given. All dimensions shall be shown in feet and decimals of a
foot. The plan shall show the boundaries of the property, location,
graphic scale and true north point.
f. The plan shall also show by proper designation thereon all public
open spaces for which deeds are included and those spaces title to
which is reserved by the developer. For any of the latter, there shall
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Village of Cayuga Heights
be submitted with the final development plan copies of agreements
or other documents showing the manner in which such areas are to
be maintained and the provisions made therefor.
g. Permanent reference monuments shall be shown, and shall be
constructed in accordance with specification of the Village
Engineer. When referenced to the State system of plane
coordinates, they shall also conform to the requirements of the
State Department of Transportation. They shall be placed as
required by the Village Engineer and their location noted and
referenced upon the plan.
h. Where separate lots are being created, all lot corner markers shall
be permanently located in accordance with New York State
licensed surveyor’s standards.
i. For all roads that are proposed to be conveyed to the Village,
monuments of a type approved by the Village Engineer shall be set
at all road intersections, angle points, tangent points of curves and
such intermediate points as shall be required by the Village
Engineer.
4. Construction drawings.
Unless additional copies are required by the Village Engineer, the final
development plan shall include four copies of the following:
a. Plans, profiles and typical cross-sections, as required, to show the
proposed location, size and type of proposed roads, walkways,
road lighting standards, street trees, curbs, water mains, sanitary
sewers and storm drains, pavements and subbase, manholes, catch
basins, and design drawings for bridges, culverts and similar
structures.
b. Profiles for proposed roads showing the existing natural grade,
typical cross-sections, centerlines of intersecting roads and a
centerline profile with dimensions on vertical curves and notation
as to gradient and critical elevations.
c. The location and invert profile of all storm and sanitary drainage
structures (manholes, catch basins, etc.) in road rights-of-way and
in drainage easements.
d. Profile drawings shall be drawn with a vertical scale of one inch
equals fifty feet and a horizontal scale of one inch equals ten feet
unless otherwise approved by the Village Engineer.
5. Financial Plan.
The final development plan shall contain evidence that financing for the
proposed construction is available and sufficient for completion of the
project and for guarantees that the work be completed as proposed.
6. Action on the Final Development Plan.
a. Within sixty (60) days of receipt of the final application, the Board
of Trustees shall disapprove or approve the final development plan,
or approve the plan on condition that alterations be made. The time
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Village of Cayuga Heights
period for Board action may be extended by mutual agreement
between the Board and the developer.
b. Upon approval of the final development plan, the Board of
Trustees may authorize and direct the mayor to sign the final
development plan and the zoning officer to issue a special permit.
Thereafter, the developer shall file the plan in the office of the
County Clerk and may proceed with construction of the planned
unit development.
c. Final approval shall be conditional upon compliance with
applicable requirements of Sec. G.1 and 2 below.
d. No final development plan shall be altered or revised after it has
been given approval and duly endorsed, except that changes that
may become necessary during construction may be made after
review and approval by the Board of Trustees.
e. Upon completion of any phase of the development, the zoning
officer will, upon request of the applicant, make a final inspection
thereof. If the zoning officer finds all work concerning
construction and site improvements complete and in compliance
with the approved final plan and all other applicable codes, laws,
ordinances, rules and regulations, the zoning officer shall issue a
certificate of compliance. In the event all proposed work has not
been properly completed, or is not consistent with the approved
final plan for which a special permit was issued, the zoning officer
shall refuse to issue a certificate of compliance and shall notify the
developer of the violations to be corrected.
f. Notwithstanding subsection e. above, the Board of Trustees may,
upon request by the developer, authorize and direct the zoning
officer to issue a temporary certificate of compliance if such
issuance would not endanger life, safety or the public welfare.
g. If construction of the project does not commence within one (1)
year of the date that the Board of Trustees authorized issuance of a
special permit, or if at any time construction is interrupted for a
period in excess of one (1) year, the Board of Trustees may revoke
the Planned Unit Development designation. Once revoked, the
original zoning classification for the parcel shall be reinstated, and
if the developer wishes thereafter to continue with the project, the
Planned Unit Development application and process shall begin
anew. The time period to commence construction may be extended
by the Board of Trustees upon good cause shown.
G. WARRANTIES AND FEES
1. Performance Guarantee
a. Estimate.
As a condition of final development plan approval, the developer
shall submit a preliminary estimate of the cost of all roads, sanitary
sewers, water systems, storm drains, culverts, walkways and other
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Village of Cayuga Heights
infrastructure improvements that are to become the responsibility
of the Village. Such cost estimate shall be submitted to the Village
Engineer together with a copy of the final development plan.
b. Form of Guarantee.
The developer shall file with the Village Clerk a performance
guarantee in an amount to be determined by the Board of Trustees
as adequate to cover the cost of completing all infrastructure
improvements that are to become the responsibility of the Village
Attorney, as set forth in subsection a. above. Such guarantee may
be in the form of performance bonds, escrow agreements, letters of
credit or similar collateral or surety agreements approved by the
Village Board and village Attorney as to form, sufficiency and
manner of execution.
c. Additional Conditions.
The performance guarantee shall be so written to allow the Village
to draw from the funds to perform any and all work covered by the
guarantee if the developer does not diligently, systematically and
expeditiously perform the work.
If the developer fails to perform in accordance with Village
standards and specifications, or those incorporated in the approved
final development plan or subdivision plan, then the Village shall
give written notice of such failure and the developer shall, within
fifteen (15) days, correct and properly perform as provided for in
such notice. If the developer fails to correct and perform the work
within such fifteen (15) day period, as set forth in the notice, the
Village shall have the authority to do the work and be reimbursed
for the cost thereof from the performance guarantee.
2. Warranty of Work and Materials.
a. For all infrastructure improvements that are to become the
responsibility of the Village, the developer shall warrant all work
performed and materials furnished against defect, failure,
inadequacy or breakage for a period of two (2) years from the date
of completion of the project or any phase of it if done in phases. In
the event of such defect, failure, inadequacy or breakage during
said warranty period, the developer shall make the necessary
repairs or replacements within two days of receiving written notice
thereof from the Village.
b. The form, amount and terms of such warranty shall be approved by
the Board of Trustees.
c. It shall be the developer’s responsibility to notify the Village forty-
five (45) days prior to the end of the warranty period. The Village
will make a final inspection and notify the developer of corrections
or repairs that must be made as part of the warranty. If such work
is not completed by the developer the Village shall make the
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Village of Cayuga Heights
necessary repairs or replacement and deduct all costs therefor from
the warranty funds.
3. Review and Inspection Fee.
a. A review and inspection fee shall be paid by the applicant for
review of a Planned Unit Development application, including
plans, architectural and engineering design, specifications and
similar materials, field inspections and approvals required by
regulations. Such fee is intended to cover the cost of professional
and administrative services, including but not limited to
architectural fees, engineering fees, legal fees and other consulting
and inspection fees incurred by the Village in its review of a
Planned Unit Development application.
b. The amount of such review and inspection fee shall be determined
by the Board of Trustees after receipt of the application for
preliminary approval of a Planned Unit Development. Such review
and inspection fee, or a letter of credit therefor, shall be submitted
to the Village Clerk prior to the date of the public hearing on the
application for preliminary approval and shall be drawn against to
pay for Village costs related to the project.
c. The Village shall document the nature and amount of any charges
against the review and inspection fee. Any funds that have not
been used when Village reviews and inspections are concluded
shall be returned to the developer. If the Village incurs costs for
review and inspection of the project that exceed the amount
initially deposited by the developer, the developer will, upon due
notification by the Village, provide an additional amount to cover
such costs.
1/15/93
Local Laws Page 137
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 2 of the Year 1993
Amending Article IX Zoning – Signs
Section 17. SIGNS
B. Permitted signs in all districts.
2. The following signs are permitted in any area of the Village of Cayuga Heights
but they shall not be erected or maintained without a permit as provided herein:
f. If there are more than two businesses operated on any one parcel or
contiguous parcels, which parcel or parcels are under the ownership,
operation, management or control of the same person, persons, firms, or
corporation, involving a shopping center or other multi-use facility, one free
standing sign which shall not exceed 18 square feet shall be permitted for the
parcel, parcels, development, or shopping center as a whole, regardless of the
number of separate businesses operated thereon, provided that if such a sign is
used, a sign or signs of the kinds referred to in the first and second sentences
of the preceding section d. shall not be used.
Effective June 21, 1993
Local Laws Page 139
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 4 of the Year 1993
AMEND ARTICLE IX, SECTION 1 OF THE ORDINANCES OF THE VILLAGE
OF CAYUGA HEIGHTS (ZONING)
SECTION 1 DISTRICTS”
Article IX, Section 1 of the Ordinances of the Village of Cayuga Heights shall be
replaced by the following:
SECTION 1. DISTRICTS
For the purpose of this ordinance, the Village of Cayuga Heights is hereby divided into
three districts, as follows:
Residence District
Multiple Housing District
Commercial District
A Planned Unit Development may be established in any district pursuant to the Planned
Unit Development Ordinance (Local Law #1 of 1993), and shall be subject to the
requirements set forth in the Planned Unit Development Ordinance and to any special
conditions imposed by the Board of Trustees in approving such Planned Unit
Development. These requirements shall supersede the zoning requirements set forth in
this article.
The Residence District is all the area of the Village not included in either the Multiple
Housing District or the Commercial District, and not included in the Planned Unit
Development described in this article.
The Multiple Housing District is that area bounded on the south by the Village Line, on
the west and north by Kline Road and Oak Hill Road to a point at the western end of Lot
No. 160, thence easterly along the southern boundary of lot No.’s 160, 161, 162, 163, 168
and the prolongation thereof across Triphammer Road to a point 600 feet from the center
line of Triphammer Road, and bounded on the east by a line from such point southerly to
the south Village Line parallel to the center line of Triphammer Road and 600 feet
easterly therefrom; also the area bounded and described as follows:
Commencing at a point in the north boundary of the Multiple Housing District
east of Triphammer Road, where the said line is intersected by a line 140 feet
southeasterly from and parallel with the southeast boundary of the premises now
owned by Dorothy McIlroy at No. 419 Triphammer Road;
thence northeasterly on a line parallel with and 140 feet southeasterly from the
southeast boundary of said McIlroy property and continuing on a line parallel
Local Laws Page 140
Village of Cayuga Heights
with and 140 feet southeasterly from the southeast boundary of the property now
owned by E. Lawrence Palmer and wife to a point 140 feet south from the south
boundary of the property now owned and occupied by Sheldon M. Smith and
wife.
thence easterly on a line parallel with and 140 feet south of the south boundary of
said Smith property to the westerly line of Pleasant Grove Road;
thence southeasterly along the westerly line of Pleasant Grove Road to its
intersection with the east boundary of the Village;
thence south along the east boundary of the Village to the southeast corner of the
Village;
thence west along the boundary line between the Village of Cayuga Heights and
the City of Ithaca to the southeast corner of the existing Multiple Housing
District;
thence northerly along the east boundary of said existing district to the northeast
corner thereof;
thence westerly along the north boundary of the existing district to the place of
beginning.
The Commercial District is that area bounded as follows:
Beginning in the center of North Triphammer Road at the southwesterly corner of
the Texas Lane subdivision;
thence southerly along the center of North Triphammer Road, crossing Hanshaw
Road to the intersection with the center line of Triphammer Road at it’s eastern
terminus;
thence westerly along the center of Triphammer Road to the northwest corner of
the George R. Pfann residence lot;
thence southerly along the west boundary of the Pfann lot 207.9 feet to the
southwest corner thereof;
thence southwesterly in a straight line to the northwest corner of the Burr Ripley
residence lot;
thence easterly along the north line of the Ripley lot property at 406 E. Upland
10-3-7) to the center of East Upland Road;
thence southeasterly at a right angle to East Upland Road for a distance of 225
feet;
thence southwesterly parallel with the easterly line of East Upland Road and 200
feet therefrom to the present north line of lands of Pearl Sheldon;
thence easterly along the north line of the lands of Pearl Sheldon to the northwest
corner of lands of Earl F. and Margaret Sharp;
thence southerly along the east boundary of the lands of Pearl Sheldon to the
north boundary of the lands of Pleasant Grove Cemetery Association at the
northwest corner of the addition to the cemetery conveyed to said Association by
Earl F. and Margaret Sharp;
thence easterly along the north boundary of said addition 619 feet; more or less, to
the centerline of Pleasant Grove Road;
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Village of Cayuga Heights
thence northwesterly along the center line of Pleasant Grove Road to the center of
Hanshaw Road;
thence easterly along the center of Hanshaw Road to the division line between the
Gardner Rogers and Ella Cushman properties;
thence north along said division line to the southeast corner of the Texas Land
subdivision;
thence northwesterly along the southerly boundary of said subdivision to the place
of beginning.
The following area is zoned as a Planned Unit Development:
Beginning at a point in the center line of North Triphammer Road, which point is
also the southeast corner of premises owned by Cornell University (290/08) in the
northeast corner of property now or formerly of Kir Sook Yin Ching (665/106);
thence north 82 degrees 27 minutes 28 seconds west a distance of 955.95 feet to
an iron pin;
thence south 08 degrees 02 minutes 11 seconds west a distance of 456.38 feet to a
point in the center line of Hanshaw Road;
thence northwesterly along the said center line of Hanshaw Road a distance of
138 feet, more or less, with a chord bearing and distance of north 70 degrees 52
minutes 31 seconds west 137.76 feet to a point;
thence north 78 degrees 18 minutes 32 seconds west along the said center line of
Hanshaw Road a distance of 368.97 feet to a point;
thence north 17 degrees 36 minutes 18 seconds east a distance of 158.52 feet to an
iron pin;
thence north 72 degrees 19minutes 37 seconds west a distance of 300.27 feet to an
iron pin;
thence north 70 degrees 28 minutes 45 seconds west a distance of 129.64 feet to
an iron pin;
thence north 70 degrees 49 minutes 03 seconds west a distance of 159.11 feet to
an iron pin;
thence north 09 degrees 04 minutes 06 seconds east a distance of 191.15 feet to an
iron pin;
thence north 60 degrees 55 minutes 54 seconds west a distance of 170.00 feet to
an iron pin;
thence south 39 degrees 25 minutes 09 seconds west a distance of 257.42 feet to
an iron pin;
thence north 51 degrees 00 minutes 10 seconds west a distance of 150.20 feet to
an iron pin;
thence north 47 degrees 39 minutes 15 seconds west a distance of 83.42 feet to an
iron pin;
thence south 85 degrees 31 minutes 09 seconds west a distance of 161.23 feet to
an iron pin;
thence north 29 degrees 32 minutes 06 seconds west a distance of 44.42 feet to an
iron pin;
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Village of Cayuga Heights
thence north 14 degrees 21 minutes 29 seconds west a distance of 10.09 feet to an
iron pin;
thence north 86 degrees 05 minutes 44 seconds east a distance of 179.71 feet to an
iron pin;
thence north 45 degrees 28 minutes 25 seconds east a distance of 95.26 feet to an
iron pin;
thence north 08 degrees 21 minutes 38 seconds east a distance of 93.58 feet to an
iron pin;
thence south 82 degrees 34 minutes 58 seconds east a distance of 181.46 feet to an
iron pin;
thence north 07 degrees 58 minutes 19 seconds east a distance of 1,663.16 feet to
an iron pin;
thence south 81 degrees 58 minutes 27 seconds east a distance of 525.50 feet to an
iron pin;
thence south 82 degrees 33 minutes 44 seconds east a distance of 669.31 feet to an
iron pin;
thence south 82 degrees 02 minutes 39 seconds east a distance of 694.80 feet to an
iron pin;
thence south 85 degrees 50 minutes 41 seconds east a distance of 308.60 feet to a
point in the center line of said North Triphammer Road;
thence southerly along the center line of said North Triphammer Road a distance
of 172 feet, more or less, with a chord bearing and distance of south 00 degrees 34
minutes 10 seconds east, 171.52 feet;
thence south 07 degrees 42 minutes 46 seconds west along said center line of
North Triphammer Road a distance of 916.06 feet;
thence south 07 degrees 34 minutes 26 seconds west along the said center line of
North Triphammer Road a distance of 398.7 feet to a point;
thence south 03 degrees 54 minutes 16 seconds west along said center line of
North Triphammer Road a distance of 139.78 feet to a point;
thence southerly along said center line of North Triphammer Road a distance of
294 feet, more or less, with a chord bearing and distance of south 01 degrees 45
minutes 55 seconds west, 293.30 feet to the point or place of beginning.
Local Laws Page 158
Village of Cayuga Heights
Village of Cayuga Heights
Local Law No. 3 of the Year 1998
Amending Zoning Ordinance to add Section 17-B,
Telecommunications Towers and Facilities
The Zoning Ordinance of the Village of Cayuga Heights as re-adopted, amended and
revised March 1, 1962, thereafter amended from time to time be further amended as
follows:
I. Section 17 denominated SIGNS is hereafter to be referred to as Section 17-A.
II. A new section, 17-B, TELECOMMUNICATION TOWERS AND FACILITIES, is
now added:
PURPOSE: The purpose of these supplemental regulations is to promote the health,
safety, and general welfare of the residents of the Village of Cayuga Heights; to provide
standards for the safe provision of telecommunications consistent with applicable federal
and state regulations; to minimize the total number of telecommunication towers and
facilities in the community by encouraging shared use of existing and future facilities,
and the use of existing tall structures; to serve the prevailing aesthetic of the entire
Village and to minimize adverse visual effects from telecommunication towers by
requiring careful siting, visual impact assessment, and appropriate landscaping.
1. Definitions
a. Telecommunication Tower – Any structure greater than thirty (30) feet in
height which is capable of receiving and /or transmitting signals for the purpose of
communication in connection with a telecommunications facility.
b. Telecommunication Facility – Any commercial equipment used in connection
with the provision of two-way wireless communication services, including cellular
telephone services, personal communications services, and private radio
communications services, regulated by the Federal Communications Commission in
accordance with the Telecommunications Act of 1996 and other federal laws. A
telecommunications facility shall include monopole, guyed, or latticework tower(s), as
well as antenna(s), switching stations, principal and accessory telecommunications
equipment and supporting masts, wire, structures, and buildings.
2. Application of Permit Regulations
a. No telecommunication facility or tower (except those approved prior to the
effective date of this section) shall be used unless in conformity with these regulations
which shall be administered by the Village Zoning Officer, Permit applications
hereunder to be heard by the Village Planning Board (hereafter sometimes “Board”).
No telecommunication facility or tower shall hereafter be erected, moved,
reconstructed, changed or altered unless in conformity with these regulations. No
existing structures shall be modified to serve as a telecommunication tower unless in
conformity with these regulations.
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Village of Cayuga Heights
b. Applicants proposing to co-locate on a previously approved telecommunication
tower may be granted a permit under an abbreviated approval process as outlined in
subsection 3 below. They are, however, subject to Site Plan Review in accordance
with subsection 8 below of this Section. The Village Planning Board shall require the
applicant to submit the items under subsection 3(a) below as part of the Site Plan
Review Process.
c. These regulations shall apply to all property within the Commercial District and the
P.U.D. District. Telecommunication towers and facilities shall be specifically excluded
from all other zones.
d. Applications for permit hereunder to construct new telecommunication
towers shall comply with the Code of Federal Regulations pertaining to objects
affecting navigable airspace as delineated within Federal Aviation Regulations (FAR)
Part 77. Additionally, no application for construction of a new telecommunication
tower will be approved if the proposed tower violates the criteria for obstructions to air
navigation as established by FAR Part 77 Subpart C-Obstruction Standards.
e. Applicants shall provide evidence of whether they are a public utility in the State of
New York.
f. All applications under this section, once commenced, shall be processed to
completion by the applicant and the Village Zoning Officer and Planning Board with
all the reasonable promptness the matter will permit.
3. Shared Use of Existing Tall Structures. At all times, shared use of existing tall
structures (for example municipal water towers, multi-story buildings, church steeples,
farm silos, etc.), and existing or approved towers (see subsection 2(b) above), shall be
preferred to the construction of new towers or facilities.
a. An applicant proposing to share use of an existing tall structure shall be required to
submit:
i. Such abbreviated application as the zoning officer shall designate
at a pre-submission conference with the applicant.
ii. Documentation of intent from the owner of the existing facility to allow use.
iii. A site plan. The site plan shall show all existing and proposed structures and
improvements including antennae, roads, buildings, guy wires and anchors, parking
and landscaping, and shall include grading plans for new facilities and roads. Any
methods used to conceal the modification of the existing facility, shall be indicated
on the site plan.
iv. A NY Licensed engineer’s report certifying that the proposed shared use will
not diminish the structural integrity and safety of the existing tall structure, and
explaining what modifications, if any, will be required in order to certify to the
above.
v. A completed short form EAF (environmental assessment form) and a completed
visual EAF addendum, under SEQRA (NYS Environmental Quality Review Act).
vi. A copy of its Federal Communications Commission (FCC) license.
b. If an applicant proposing to share use of an existing tall structure submits complete
and satisfactory documentation in accordance with subsection 3(a) above, and if
Local Laws Page 160
Village of Cayuga Heights
modifications indicated according to subsection 3(a) are deemed insignificant by the
Board, and after the Board conducts a public hearing and complies with all SEQRA
provisions, the Board may grant a permit under this section without further review. If
the Board determines that any modifications indicated according to subsection 3(a) are
significant, it may require further review according to subsections 8 through 19 below.
4. New Telecommunication Tower. The Board may consider a new telecommunication
tower when the applicant demonstrates that shared use of existing tall structures and
existing or approved towers is impractical. An applicant shall be required to present an
adequate report inventorying all existing tall structures and existing or approved towers
within a reasonable distance of the proposed site. This distance shall be determined by
the Board in consultation with the applicant. The report shall outline opportunities for
shared use of these existing facilities as an alternative to a proposed new tower. The
report shall demonstrate good faith efforts to secure shared use from the owner of each
existing tall structure and existing or approved tower as well as documentation of the
physical, technical and/or financial reasons why shared usage is not practical in each
case. Written requests and responses for shared use shall be provided.
5. Shared Usage of an Existing Tower Site for Placement of a New Tower. Where
shared use of existing tall structures, and existing or approved towers, is found to be
impractical, the applicant shall investigate shared usage of an existing tower site for its
ability to accommodate a new tower and accessory uses. Documentation and conditions
shall be in accordance with subsection 4 above. Any proposals for a new
telecommunication tower on an existing tower site shall also be subject to the
requirements of subsections 7 through 19 below, which may, as appropriate in the sound
discretion of the Board, entail a full Permit application process hereunder as if it were an
application for a new tower at a new location.
6. New Tower at a New Location. The Board may consider a new telecommunications
tower on a site not previously developed with an existing tower when the applicant
demonstrates that shared use of existing tall structures, and existing or approved towers,
is impractical, and submits a report as described in subsection 4 above; and when the
Board determines that shared use of an existing tower site for a new tower is undesirable
based upon the applicant’s investigation in accordance with subsection 5. Any proposal
for a new telecommunication tower shall also be subject to the requirements of
subsections 7 through 19 below, and the documentation to satisfy those requirements
shall constitute the Permit application under this section.
7. New Towers: Future Shared Use. The applicant shall design a proposed new
telecommunications tower to accommodate future demand for reception and transmitting
facilities. The applicant shall submit to the Board a letter of intent committing the owner
of the proposed new tower, and his/her successors in interest, to negotiate in good faith
for shared use of the proposed tower by other telecommunications providers in the future.
This letter shall be filed with the building inspector prior to issuance of a building permit.
Failure to abide by the conditions outlined in the letter may be grounds for revocation of
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Village of Cayuga Heights
the special permit. The letter shall commit the new tower owner and his/her successors in
interest to:
a. Respond within 30 days to a request for information from a potential shared
use applicant.
b. Negotiate in good faith concerning future requests for shared use of the new
tower by other telecommunications providers.
c. Allow shared use of the new tower if another telecommunications provider
agrees in writing to pay reasonable charges. The charge may include but is not
limited to a pro rata share of the cost of site selection, planning, project
administration, land costs, site design, construction and maintenance financing,
return on equity, and depreciation, and all of the costs of adapting the tower or
equipment to accommodate a shared user without causing electromagnetic
interference.
8. Site Plan Review: Submission Requirements.
a. An applicant shall be required to submit a site plan which depicts the
information required under subsections 9 and 11 through 16 below. The site plan
shall show all existing and proposed structures and improvements including
roads, buildings, towers, guy wire and anchors, antennae, parking and
landscaping, and shall include grading plans for new facilities and roads, and must
bear the seal of an engineer licensed to practice in the State of New York. Some
of the details which the Board will expect to be addressed are:
i. The exact location including geographic coordinates of the proposed
telecommunications facility including any towers, guy wires and anchors,
if applicable.
ii. The maximum height of the proposed facility, including all
appurtenances.
iii. A detail of tower type, if any, including engineering drawings from the
tower manufacturer (monopole, guyed. free-standing, or other).
iv. The location type and intensity of any lighting on the tower.
v. Property boundaries and names of all adjacent landowners.
vi. Proof of the landowner’s consent to the erection of the facility and
agreement to abide by this section of the zoning ordinance if the applicant
is not the landowner.
vii. The location of all other structures on the property and all structures
on any adjacent property within one hundred feet of the property lines,
together with the distance of these structures from any proposed tower.
viii. The location, nature, and extent of any proposed fencing, landscaping
and screening.
ix. The location and nature of any proposed utility easement and access
roads or drives.
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Village of Cayuga Heights
b. Supporting Documentation – The application shall submit a complete EAF
long form), a complete Visual Environmental Assessment Form (visual EAF
addendum), and documentation on the proposed intent and capacity of use as well
as a justification for the height of any tower and justification for any clearing
required. The applicant shall also submit a copy of its Federal Communications
Commission (FCC) license.
9. Lot Size and Setbacks. All proposed telecommunication towers and accessory
structures shall be located on a single parcel and shall be set back from abutting parcels
and street lines a distance sufficient to contain substantially on-site all ice-fall or debris
from tower failure (the “fall zone”) and preserve the privacy of any adjoining properties.
a. Lot size of parcels containing a tower shall be determined by the amount of
land required to meet the setback requirements. If the land is to be leased the
entire area required shall be leased from a single parcel unless the Board
determines that this provision may be waived.
b. Telecommunication Towers shall comply with all existing setback
requirements of the underlying zoning district, and shall be located with a
minimum setback from any property line equal to one half (1/2) of the height of
the tower or the fall zone demonstrated to the Board’s satisfaction, whichever is
greater. Accessory structures shall comply with the minimum setback
requirements in the underlying zoning district.
10. Visual Impact Assessment. The Board may require the applicant to undertake a
visual impact assessment which may include:
a. A “Zone of Visibility Map” shall be provided in order to determine locations
where the tower may be seen.
b. Pictorial representations and computer-generated visual simulations of “before
and after” views from key viewpoints both inside and outside of the Village
including but not limited to: state highways and other major roads, state and local
parks, other public lands, preserves and historic sites normally open to the public,
and from any other location where the site is visible to a large number of visitors
or travelers. The Board shall determine the appropriate key sites at a pre-
submission conference with the applicant.
c. Assessment of alternative tower designs and color schemes, as described in
subsection 11 below.
d. Assessment of the visual impact of the tower base, guy wires, accessory
buildings and overhead utility lines from abutting properties and streets.
11. New Tower Design. Alternative designs shall be considered for new towers,
including lattice and single pole structures. The design of a proposed new tower shall
comply with the following:
a. Any new tower shall be designed to accommodate future shared use by other
telecommunications providers.
b. Unless specifically required by other regulations, a tower shall have a finish
either painted or unpainted) that minimizes its degree of visual impact.
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Village of Cayuga Heights
c. The maximum height of any new tower shall be justified on a basis of necessity
and shall not exceed that which shall permit operation without artificial lighting of
any kind or nature, in accordance with municipal, state, and/or federal law and/or
regulations. The Board at its discretion may modify this requirement if the
applicant can justify the need to exceed this height limitation.
d. The Board may request a review of the application by a qualified engineer in
order to evaluate the need for, and the design of, and the satisfaction of any other
requirements under this Ordinance, for any new tower. The cost of this review
shall be borne by the applicant, which cost shall not exceed $5,000 or 1% of the
applicant’s total project cost, whichever is greater. Such sum shall be deposited in
escrow with the Village at the time of filing an application here under. The permit
application fee shall be as established from time to time by the Village Board of
Trustees.
e. Accessory structures shall maximize the use of building materials, colors and
textures designed to blend with the natural surroundings.
f. No portion of any tower or accessory structure shall be used for a sign or other
advertising purpose, including but not limited to, company name, phone numbers,
banners, and streamers.
12. Existing Vegetation. Existing on-site vegetation shall be preserved to the maximum
extent possible. No cutting of trees exceeding four (4) inches in diameter (measured at a
height of four (4) feet off the ground), shall take place prior to the approval of the special
permit. Clear cutting of trees exceeding 20,000 square feet for a facility shall be
prohibited.
13. Screening. Deciduous or evergreen tree plantings may be required to screen portions
of the tower and accessory structures from nearby properties as well as from public sites
known to include important views or vistas. Where a site abuts a residential property or
public property, including streets, screening shall be required.
14. Access. Adequate emergency and service access shall be provided. Maximum use of
existing roads, public or private, shall be made. Road construction shall, at times,
minimize ground disturbance and vegetation cutting to within the toe of fill, the top of
cuts, or no more than ten (10) feet beyond the edge of any pavement. Road grades shall
closely follow natural contours to assure minimal visual disturbance and reduce soil
erosion potential.
15. Parking. Parking shall be provided to assure adequate emergency and service access.
The Board shall determine the number of required spaces based upon a recommendation
from the applicant. No parking spaces shall be located in any required yard.
16. Fencing and Security Measures. The tower and any accessory structures shall be
adequately enclosed by a fence, design of which shall be approved by the Board. This
requirement may be waived by the Board if the applicant demonstrates that such
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Village of Cayuga Heights
measures are unnecessary to ensure the security of the facility. Security lighting shall not
project off-site. A locked gate for entry may be required by the Board.
17. Removal of Telecommunications Facility. The applicant shall submit to the Board a
letter of intent committing the tower owner, and his/her successors in interest, to notify
the Zoning Officer within thirty (30) days of the discontinuance of use of the facility.
This letter shall be filed with the Zoning Officer prior to issuance of a Permit, once the
telecommunication facility is approved according to this section. Obsolete or unused
towers and accessory structures shall be removed from any site and the site restored to its
original condition within four (4) months of such notification. Failure to notify and/or to
remove the obsolete or unused tower and accessory structures in accordance with these
regulations, shall be a violation of this chapter and shall be punishable according to
Section 22 of the Ordinance. The Planning Board, as a condition of permit approval, may
require the applicant and /or owner to provide a letter of credit, performance bond or
other financial guarantee to the Village (which may be adjusted from time to time to
cover increases in removal costs) that funds will be available for the demolition of
facilities and restoration of the site to its original condition in the event of non-
compliance with the provisions of this removal requirement. Said financial guarantee be
subject to approval as to form and content by the Village Treasurer and Counsel. Every
twenty-four (24) months, applicant shall provide the Zoning Officer with a certificate
from a New York licensed engineer that the facility continues to retain its structural
integrity and does not pose a hazard to life, limb or property. Upon failure to submit such
certificate timely, the Permit shall lapse and the facility must forthwith be removed.
18. Intermunicipal Notification for New Towers. In order to keep neighboring
municipalities informed, and to facilitate the possibility of directing that an existing tall
structure or existing telecommunications tower in a neighboring municipality be
considered for shared use, and to assist in the continued development of County 911
Services, the Board shall require that:
a. An applicant who proposes a new telecommunication tower shall notify in
writing the legislative body of each municipality that borders the Village of
Cayuga Heights, plus the Towns of Lansing and Dryden and the Director of the
Tompkins County Planning Department. Notification shall include the exact
location of the proposed tower, and a general description of the project including,
but not limited to, the height of the tower and its capacity for future shared use.
b. Documentation of this notification shall be submitted to the Board at the time
of application.
19. Hearing and Notification of Nearby Landowners. Prior to rendering a decision on
any application made under this section, a public hearing shall be held and the provisions
of SEQRA satisfied. The applicant shall be required to mail notice of the public hearing
directly to all landowners whose property is located within five hundred (500) feet of the
property line of the parcel on which a new tower is proposed. Notice shall also be mailed
to the administrator of any state or federal parklands from which the proposed tower
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Village of Cayuga Heights
would be visible if constructed. Notification, in all cases, shall be made by certified mail.
Documentation of this notification shall be submitted to the Board prior to the public
hearing.
20. Limited Permit. Any permit granted under this section will be valid only for the
facility, the dimensions and number of antennas or towers in the application as approved.
Change must be by new application to the Planning Board. Any permit application may
be approved, approved with appropriate restrictions and conditions, or denied, pursuant to
applicant’s satisfaction, substantial satisfaction, or failure to meet substantially the
requirements of this section in light of the purposes as set forth at the beginning of this
section.
21. Court Review. Any person aggrieved by decision made pursuant to the terms of this
Section may apply to the Supreme Court for review under Article 78 of the NY Civil
Practice Law and Rules. Such proceeding shall be instituted within thirty (30) days after
the filing of the Board’s decision in the office of the Village Clerk. If any section,
sentence, clause or phrase of this law is held to be invalid or unconstitutional by any
court of competent jurisdiction, then said holding shall in no way affect the validity of the
remaining portions of this law.
III. New Section 17-B, enacted as a Local Law, shall take effect upon filing with the
Secretary of State. 6/15/98