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Village of Cayuga Heights
ARTICLE IX
ZONING
For the purpose of promoting the health, safety, morals, or the general welfare of the
community, and to lessen congestion in the streets, to secure safety from fire, panic and
other dangers, to provide adequate light and air, to prevent the overcrowding of land, to
avoid undue concentration of population, to facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other public requirements, under and
pursuant to Article VI-A of Chapter 64 of the Consolidated Laws, the size of buildings
and other structures, the percentage of lot that may be occupied, the size of yards, the
density of population, and the use of buildings, structures and land for trade, residence or
other purposes, are hereby restricted and regulated as hereinafter provided.
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
Village of Cayuga Heights Articles Page 37
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
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;
Village of Cayuga Heights Articles Page 38
thence easterly along the north boundary of said addition 619 feet; more or less, to
the centerline of Pleasant Grove Road;
thence northwesterly along the centerline 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 centerline 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 centerline 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;
Village of Cayuga Heights Articles Page 39
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 centerline of said North Triphammer Road;
thence southerly along the centerline 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 centerline of
North Triphammer Road a distance of 916.06 feet;
thence south 07 degrees 34 minutes 26 seconds west along the said centerline of
North Triphammer Road a distance of 398.7 feet to a point;
thence south 03 degrees 54 minutes 16 seconds west along said centerline of
North Triphammer Road a distance of 139.78 feet to a point;
thence southerly along said centerline 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.
SECTION 2. RESIDENCE DISTRICT
In the Residence 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. a. Residence for not more than two families with a total of not more than
two other occupants residing in the residence, or
b. Residence for not more than one family with a total of not more than
three other occupants residing in the residence, or
c. Residence in which there is no family and a total of not more than four
occupants residing in the residence.
2. Public School.
3. Any municipal or public utility purpose approved by the Village Board.
4. Home gardening.
Village of Cayuga Heights Articles Page 40
5. Golf course, except a driving range or a miniature golf course conducted
on a commercial basis.
6. One temporary sign advertising the sale or lease only of the premises on
which it is located.
7. Such accessory uses as are customarily incidental to the above uses,
including:
a. The office of a resident doctor, dentist, musician, engineer, teacher,
lawyer, artist, architect, or member of other recognized profession, where
such office is a part of the residence building. One sign not exceeding two
2) square feet and affixed to the wall of the principal building is
permitted.
b. Customary home occupation, such as dressmaking, hairdressing,
laundering, home cooking, of 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. 1/4/80
8. Swimming pools not of the commercial type.
9. Any cemetery purpose approved by the Village Board.
Note: the word “family” as used in this section shall include husband or widower, a wife
or widow, his or her children, and his or her other blood relatives. The word “occupant”
as used in this section shall mean and apply to any person living in a house for more than
one month who is not a member of a family residing therein.
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.
3. Any use by an institution of higher learning necessary in or incidental to higher
education, provided that any landowner who intends to use land for any of the
aforementioned purposes shall be given opportunity to explain to the Village Board
the nature of and reasons for the intended use.
Village of Cayuga Heights Articles Page 41
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 any 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.
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.
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
Village of Cayuga Heights Articles Page 42
SECTION 5. HEIGHT OF BUILDINGS
No building or structure shall be erected in a residence district so as to exceed twenty-
five (25) feet in height; or in any other district so as to exceed thirty (30) feet in height.
The limitations of height shall not apply to chimneys, ventilators, skylights, or other
necessary features usually carried above roofs nor to spires of churches or other buildings
if such features are in no way used for living purposes.
The height of a building shall be measured from the lowest point of the base of the
building at the elevation of the proposed grade line of the ground to the average height
between eaves and ridge for pitched roofs and to the highest part of the parapet for flat
roofs. In cases where the proposed grade line of the ground is higher than the existing
ground, the change must be approved by the Zoning Officer at the time of issuance of the
zoning permit.
SECTION 6. YARD REQUIREMENTS
Yards free from buildings and of the following minimum dimensions are required, said
dimensions to be measured at right angles to the property lines:
Residence District
Front Yard 25 feet
Side and rear yards 15 feet
Multiple Housing District
Front Yard – twice the maximum height of the building on the front street
side, but in no case less than 30 feet.
Side and rear yards – the maximum height of the building on the side
facing the respective side and rear yards.
Commercial District
Front Yard 35 feet
Side and rear yards 30 feet
The yard requirements hereinabove specified shall be the same in the case of swimming
pools.
The above notwithstanding, a residence designed to house not more than two families, in
any district, need not have yards greater than those required in the Residence District.
No automobile parking area shall be included in any required front yard, except for a
residence housing not more than two families.
The front yard in each case shall be measured from the property line of the street. In case
of corner lots, the front yard requirement shall apply to each street abutting the property.
Village of Cayuga Heights Articles Page 43
SECTION 7. BUILDING COVERAGE
No building or buildings shall be erected or extended so as to exceed the percentages for
each district below:
Residential District 12 percent
Multiple Housing District 12 percent
Commercial District 15 percent
In computing the building coverage, the area of any accessory buildings shall be included
in the computation.
The areas covered by overhanging building eaves of three feet or less, or by non-roofed
swimming pools shall be omitted in computation of the building coverage.
a. Size of Lots. Lot sizes in all districts shall be as follows:
Local Law #1 of 1998 Amendment to 7.a. 11/20/89)
Minimum average width 125 feet
Minimum average depth 150 feet (eff. 5/62)
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.
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 underlying 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. (1/80)
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. (1/80)
SECTION 10. BUILDING FLOOR AREA
No dwelling in any district shall be erected or altered so as to provide for less than 700
square feet of enclosed floor areas used for housing purposes.
Village of Cayuga Heights Articles Page 44
SECTION 11. TRAILERS, TEMPORARY STRUCTURES, CONSTRUCTION
SHANTIES & MATERIAL
No occupied automobile house trailer, whether on wheels or otherwise supported, shall
be permitted on premises within the Village. Temporary structures such as construction
shanties, as well as construction material must be removed from the premises within
ninety days of the time when the principal building on the premises is ready for
occupancy.
SECTION 12. REDUCTION OF LOT AREA
Whenever a lot upon which a building stands is changed in size or shape so that the
building coverage or yard requirements of this ordinance are no longer complied with,
such building shall not thereafter be used until it is altered, reconstructed or relocated so
as to comply with such requirements. The provisions of this section shall not apply when
a portion of a lot is acquired for a public purpose.
SECTION 13. MORE THAN ONE BUILDING ON A LOT
When there is more than one principal building on a lot in any district, the space between
such buildings must be at least equal to the sum of the side yards required by such
buildings or the sum of the rear and the front yards as the case may be.
SECTION 14. GARAGES AND PARKING FACILITIES
Every building used for living purposes shall provide sufficient off-street garage space or
parking space for the occupants and employees thereof.
Every non-residential structure, commercial, or otherwise, shall provide off-street garage
or parking space sufficient to accommodate the cars of employees and the number of cars
anticipated to be attracted by the facilities of such structure at any time.
SECTION 15. EXTRACTION OF NATURAL PRODUCTS
The removal of sod, loam, topsoil, sand, gravel, or quarried stone for sale, except when
incidental to, or in connection with, the construction of a building on the premises shall
be permitted only on special approval of the Board of Trustees.
SECTION 16. TRAFFIC HAZARDS
No structure, fence or planting shall be maintained so as to obstruct the view from
vehicles upon a street in a manner dangerous to traffic.
SECTION 17-A. SIGNS
The purpose of this section 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 section
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.
local law] unless otherwise expressly stated:
Village of Cayuga Heights Articles Page 45
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
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 freestanding 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.
Village of Cayuga Heights Articles Page 46
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:
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
Village of Cayuga Heights Articles Page 47
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 d. shall not
be used.
g. Signs advertising store hours and “rules” of conduct are exempt from
this section 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
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.
Village of Cayuga Heights Articles Page 48
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.
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.
Village of Cayuga Heights Articles Page 49
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 section 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 section 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.
SECTION 17-B TELECOMMUNICATION TOWERS AND FACILITIES
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
Village of Cayuga Heights Articles Page 50
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.
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
Village of Cayuga Heights Articles Page 51
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
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
Village of Cayuga Heights Articles Page 52
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 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.
Village of Cayuga Heights Articles Page 53
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.
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.
Village of Cayuga Heights Articles Page 54
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.
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.
Village of Cayuga Heights Articles Page 55
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 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.
Village of Cayuga Heights Articles Page 56
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 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
SECTION 18. CONTINUATION OF EXISTING USES
Any use of land, or a building legally existing at the time that this ordinance becomes
effective, may be continued, but may not be extended or changed in character, although
such use of land or building does not conform to the provisions hereof.
When a non-conforming use has been discontinued for a period of at least one year, it
shall not thereafter be re-established, and the future use shall be in conformity with the
provisions of this ordinance.
SECTION 19. ENFORCEMENT
This ordinance shall be enforced by the Zoning Officer, except as otherwise herein
provided. The Zoning Officer shall issue a zoning permit upon proper application unless
the proposed construction, extension, or use thereof would be in violation of any
provision of the ordinance. He shall also issue such permit upon written order of the
Village of Cayuga Heights Articles Page 57
Board of Trustees or the Board of Appeals, under the authority granted to such Boards by
this ordinance.
The Board of Trustees shall appoint the Zoning Officer who may be one of their number.
The Board may from time to time prescribe rules and regulations under which the Zoning
Officer may act. Violations of this ordinance coming to the attention of the Zoning
Officer shall be reported to the Board of Trustees.
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
Village of Cayuga Heights Articles Page 58
upon appeals, to vary or modify the application of any of the regulations or provisions of
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.
SECTION 24. PLANNING BOARD, ESTABLISHMENT OF
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.
Village of Cayuga Heights Articles Page 59
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.
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 landowner 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.
Village of Cayuga Heights Articles Page 60
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
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
Village of Cayuga Heights Articles Page 61
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.
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.
SECTION 25. ANTENNAS, REGULATING INSTALLATION AND
MAINTENANCE OF WITHIN THE VILLAGE OF CAYUGA
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.
Village of Cayuga Heights Articles Page 62
Section 2. Application and Procedure
Any antenna installed on any building or separate there from 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 lessee 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 of 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.
Village of Cayuga Heights Articles Page 63
SECTION 26. PLANNED UNIT DEVELOPMENT
TABLE OF CONTENTS
A. PURPOSE
B. REQUIREMENTS
1. Minimum Acreage
2. Permitted Land Use
3. Density
4. Size or Lots
5. Yards
6. Height of Building
7. Building Coverage
8. Natural Features
9. Storm Water Runoff
10. Site Planning Requirements
11. Special Circumstances
C. FACTORS TO BE CONSIDERED IN REVIEWING APPLICATION
D. PREAPPLICATION CONFERENCE AND CONCEPT PLAN
E. PRELIMINARY APPROVAL
1. Preliminary Development Plan
2. Description of the Development
3. Public Hearing
4. Procedure for Preliminary Approval
F. FINAL APPROVAL
1. Application
2. Final Development Plan
3. Contents of Plan
4. Construction Drawings
5. Financial Plan
6. Action on Final Development Plan
G. WARRANTIES AND FEES
1. Performance Guarantee
2. Warranty of Work and Materials
3. Review and Inspection Fee
Village of Cayuga Heights Articles Page 64
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
2.
20 acres
a. Residential land uses
Permitted 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.
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.
Density
4.
Lot size shall be specified in an approved Planned Unit Development.
Size of Lots
5.
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.
Yards
6.
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
average finished grade to average height between the eaves and ridgeline of a
pitched roof or the highest point of a flat roof. This height limit shall not apply to
necessary mechanical or electrical equipment, skylights, flagpoles, light poles and
similar site amenities approved by the Board of Trustees.
Height of Buildings
Village of Cayuga Heights Articles Page 65
7.
The total land coverage for all buildings in the Planned Unit Development shall
not exceed the coverage requirements of the underlying district.
Building Coverage
8.
Existing natural features on the site shall be preserved to the maximum extent
feasible and incorporated into the site design.
Natural Features
9.
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.
Storm Water Runoff
10.
a.
Site Planning Requirements
Roads.
b.
All proposed roads in a Planned Unit Development shall be
designed and constructed in accordance with standards approved by the
Village Engineer.
Service Areas.
c.
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.
Public Transit and Parking.
d.
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.
Underground services.
e.
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.
Lighting.
f.
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.
Access Drives.
g.
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.
Intersections.
h.
On- and off-site intersections shall be designed to
accommodate the expected traffic safely. Turning lanes, deceleration
lanes, by-pass lanes and other safety measures shall be provided as
required by the Board of Trustees.
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
Village of Cayuga Heights Articles Page 66
considered. Lighting shall not produce glare on roads or adjacent
properties.
i. Operation.
j.
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.
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.
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.
Special Circumstances
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
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.
Village of Cayuga Heights Articles Page 67
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.
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.
Village of Cayuga Heights Articles Page 68
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.
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
Village of Cayuga Heights Articles Page 69
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 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.
Village of Cayuga Heights Articles Page 70
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 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 therefore.
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
Village of Cayuga Heights Articles Page 71
storm drains, pavements and sub base, 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 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
Village of Cayuga Heights Articles Page 72
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 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.
Village of Cayuga Heights Articles Page 73
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 necessary repairs or replacement and
deduct all costs therefore 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 therefore, 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
Re-adopted, amended & revised 3/1/62;
Thereafter amended: 5/62; 8/1/65; 9/1/65; 4/20/66; 6/15/66; 11/1/76; 1/4/80;
2/85; Local Law #1, 1986; Local Law #2, 1987; Local Law #2, 1988; Local
Village of Cayuga Heights Articles Page 74
Law #1, 1989; Local Law #2, 1992; Local Law #1, 1993; Local Law #2,
1993; Local Law #4, 1993; Local Law #3, 1998.