The URL can be used to link to this page

Home My WebLink About1991-12-11 1 Public Hearing December 11 , 1991 TOWN OF DANBY PUBLIC HEARING PUBLIC HEARING 7 : 30 P . M . December 11 , 1991 PRESENT : Supervisor Dietrich Councilpersons ( 4 ) : Eckstrom , Marisa , Oltz , Schwartz O thers Present : Attorney John Barney P lanner Susan Beeners Town Clerk Carol Sczepanski Members of the Public Present : Raymond & Charlotte Mayo , Bertha Makarainen , Steven Rider , Rebecca R . Blair , John Shepardson , John C . Shepardson , Sr . , Valerie Shepardson , William & Sylvia Hiney , R . D . Maycumber , David C . Maycumber , Nancy Weitzel , Bill Farrell , Edw . M . Roberts , Scott Hoffay , Ray Axtell , Gail Miller , Rick Dobson , Patricia Button , J . D ' Ambrose , Elizabeth Owens - Roe P ublic Hearing ' s Declared Open : S upervisor Dietrich declared the following Public Hearings at 7 : 35 P . M . and read the following publication of hearing : P UBLIC HEARING NO . 1 NOTICE OF NOTICE IS HEREBY GIVEN that pursuant to Sections 130 . 261 and 256 of the Town Law , a public hearing will be held by the Town B oard of the Town of Danby at the Town Hall , 1830 Danby Road , Ithaca , New York , 14850 , on Wednesday the 11th day of December , 1991 at 7 : 30 P . M . to consider the adoption of an amended and revised Zoning Ordinance for the Town of Danby . The revised ordinance amends numerous provisions of the current Town of Danby Zoning Ordinance , permits the creation of a number of new zones , changes requirements , and uses relating to various zoning districts , removes certain provisions relating to environmental review and flood plain regulation , alters the configuration of the zoning map for the Town , and in general updates the regulations of the Town of Danby relating to zoning and the accompanying zoning map . Copies of the proposed ordinance and associated map are available in the Town Clerk ' s Office for examination by any interested party . D ate : November 26 , 1991 Publish : November 29 , 1991 P UBLIC HEARING NO 2 . NOTICE OF NOTICE IS HEREBY GIVEN that a public hearing will be held before the Town Board of the Town of Danby at the Town Hall , 1830 D anby Road , Ithaca , New York , 14850 , on Wednesday the 11th day of D ecember , 1991 at 7 : 35 P . M . concerning a proposed local law entitled " A LOCAL LAW PROVIDING FOR ENVIRONMENTAL REVIEW OF ACTIONS IN THE TOWN OF DANBY " which provides for the implementation of the New York State Environmental Quality Review Act in the Town of D anby . At such time and place all persons interested in the subject matter thereof will be heard concerning the same . Copies of the proposed local law are available in the Town Clerk ' s Office in the Town of Danby for examination by any interested party . D ate : November 26 , 1991 P ublish : November 29 , 1991 35 2 Public Hearing December 11 , 1991 P UBLIC HEARING NO 3 NOTICE OF NOTICE IS HEREBY GIVEN that pursuant to Section 130 of the Town Law , a public hearing will be held by the Town Board of the Town of Danby at the Town Hall , 1830 Danby Road , Ithaca , New York , 14850 , on Wednesday the 11th day of December , 1991 at 7 : 40 P . M . to consider a resolution establishing fees related to 7 subdivision review , site plan review , and modifying prior resolutions relating to fees for building permit applications and building code matters . At such time and place all persons interested in the subject matter thereof will be heard concerning the same . A copy of the proposed resolution is available in the Town Clerk ' s Office for examination by any interested party . Dated : November 25 , 1991 P ublish : November 29 , 1991 Supervisor Dietrich turned the hearing over to Attorney John B arney . Attorney Barney explained that the Public Hearing would address the following items to be considered by the Town of Danby Town Board . 1 ) A revised Zoning Ordinance and Map 2 ) Subdivision Regulation 3 ) A Local Law - regarding SEQR 4 ) A Local Law relating to flood damage protection 5 ) A Resolution relating to the establishment of fees The ordinance presented tonight has two significant changes since the last Public Hearing held on November 21 , 1991 . 1 ) Contains a provision for allowing appeal of Planning Board Decision ; 2 ) Allows doublewide mobile homes in any residential zone by special approval by the Planning Board . Susan Beeners explained the proposed subdivision regulations and zoning map and explained there have been adjustments on the map for the corner of Bald Hill Road and 96B . She gave a brief description of the proposed subdivision regulations and explained the ten percent open space requirement . Comments from the Public : Rick Dobson - 1645 Danby Road - addressed the Board and asked why n ot require larger lots instead of an open space requirement of ten percent . Raymond Mayo - Ridgecrest Road - said that sewage and drainage have always been put off to the County Health Department . He suggested that we put sewage and drainage requirements in our own ✓ egulations . Discussion followed in regard to lots of record and non conforming lots that do not meet the new requirements for lot size . John C . Shepardson Sr . , - Ridgecrest Road - said he had a couple of problems with the double - wide provision and asked why doublewides in all areas require a special permit over and above all the other ✓ equirements for a building permit . He said it is discriminatory as requirements for stick built and modular housing do not require a special permit . He doesn ' t approve of the subdivision requirement to transfer a piece of property to a family member . Attorney Barney explained that the reason for subdivision 36 3 Public Hearing December 11 , 1991 ✓ egulation is necessary to control density . Bill Hiney Danby Road - responded in regard to the density ✓ equirement and said that in Bailey Homes Park there were sixteen ( 16 ) homes placed on less than five acres . He is concerned that Bailey Homes does not meet health department requirements for septic in the park as the original section may still use individual septic systems . Councilperson Marisa said that the requirements for a trailer park are covered by the Mobile Home Park requirements and the Tompkins County Health Department . Rick Dobson - Danby Road - is concerned with the process for special permit and it may be difficult to get permission . If somebody next door complains it can be rejected . D iscussion followed in regard to the requirement for a special permit for doublewides . Attorney Barney explained that if buildings meet the requirements for special permit approval you should be able to get a special permit . He said that doublewides are not the same as modular homes . J ohn Shepardson - 44 Muzzy Road - said that a few years ago he transferred property to his children at a minimal cost of only lawyers fees . He cannot see where Danby has changed so much that we must go through all this red tape just to transfer property . E lizabeth Owens - Roe -- 1820 Danby Road - Would like to see some t eeth into the zoning law special permit application process . As it now is if a two - thirds majority at a Public Hearing is against a special permit the Board of Zoning Appeals must turn it down . and that it can be discriminating . She would like to see a ✓ equirement says if it is a trailer written up th y uirement for doublewides P q and if it is a doublewide and it comes within certain guidelines ( insulation , construction , etc . ) , then it is no different than the ✓ anch house next door . Some doublewides are very close New York State codes . The special permit process creates a bureaucracy as it takes people a long time for approval and it creates extra work that should be done by the zoning officer . Discussion followed . Attorney Barney responded and said that what Elizabeth Owens - Roe was suggesting is already in the proposed zoning regulations for doublewides . Supervisor Dietrich said that he thinks the Town has made a big step in the right direction in regard to double wide approval . All the way through this process there are people who think we are not addressing physically enough their specific concerns . The new proposal is a compromise and the Town is trying to take a step in the right direction . Raymond Mayo - Ridgecrest Road - said that the Town has been trying to enforce zoning that was rushed through for over thirty ( 30 ) years and has spent hundreds of thousands of dollars . Now we are drawing up a new zoning that we have been working on for years with thousands of man hours and it is still not right . Why don ' t we make it right before we even consider it being accepted . It isn ' t right until people agree with it . D iscussion followed and Supervisor Dietrich said that you are never g oing to have the perfect ordinance that everyone agrees with and t here will have to be modifications . He said this ordinance is a step in the right direction . • 37 • 4 Public Hearing December 11 , 1991 D iscussion followed and Mr . Shepardson , Mr . Mayo and. Mr . Maycumber asked why the proposed ordinance could not be put up for a public vote . Mr . Mayo said this has an effect on every taxpayers in the Town thinks everyone should have something to say about it . J ohn C . Shepardson , Sr . - Ridgecrest Road said that about one and o ne - half years ago we were told that it would be put up for a ✓ eferendum . - D iscussion followed and Supervisor Dietrich clarified that the issue suggested for referendum at that time was whether or not to allow doublewides on individual lots . It was found at that time t hat it could not be put on the ballot . D iscussion followed in regard to the process for amendments to the o rdinance . Supervisor Dietrich said we are trying to amend the ordinance now . Robert Maycumber - Danby Road - said you have made a comment that you don ' t think the majority of people wanted it but you think it was right . He was taught that the majority rules and said he would like the ordinance put to a referendum to find out if the Town ✓ eally wants it . Councilperson Schwartz said that zoning is here as we already have it . S upervisor Dietrich said that the question of zoning is not the issue . The question is about the present zoning that is being written and he would entertain questions about the proposed zoning o rdinance not the fact about zoning as a whole . The Town has held public hearings , we are listening to the public and have made many changes in response to public comment . Attorney Barney addressed the issue of referendum and explained that the Town could end up with a piece of legislation that is far worse across the board for the Town . J ohn C . Shepardson , Jr . - Ridgecrest Road said that the problem with zoning in this town is that it is only selectively enforced and could give several examples . Elizabeth Owens - Roe - Danby Road - said she thinks that a lot of t he changes here have been a result of the previous public hearings and the zoning we have now is more workable . She also responded to the comment that zoning has been selectively enforced and said that a few years ago that may have been the case . but she thinks there has been a conservative effort for the last seven years with the Town Board , Planning Board and the Board of Zoning Appeals . B ill Farrell - Miller Road East - For the record presented the following petition containing 213 signatures to the Town Board : ( A partial petition was submitted to the Planning Board on July 17 , 1991 . ) " We , the undersigned residents of the Town of Danby , County of Tompkins , and State of New York , are opposed to the zoning changes currently being considered by the Town of Danby Planning Board . Specifically , we are o pposed to the Planning Board , or any other board within the Town , creating new districts which control or ✓ egulate the size of lots ; within the Town of Danby . The Tompkins County Health Department already has ✓ equirements on lot sizes , and we believe these requirements are more than adequate to meet the needs of the Town of Danby . " . 38 5 Public Hearing December 11 , 1991 Mr . Farrell made the following comments relating to the new ordinance : 1 ) Section 516 No . 1 the Town requires a permit for depositing or the removal of 50 cubic yards or more of fill - - New York State requirement is 75 cubic yards . He said that wouldn ' t allow gravel to be placed on his driveway without a permit . 2 ) Section 600 - No . 1 ( b ) ( ii ) - why are we restricted to 30 % for a second unit . He thinks that the 30 % requirement is too small . 3 ) The requirement of the eighteen ( 18 ) foot driveway requirement that is currently enforced in the Town of Danby . The driveway requirement is on the building permit application that is being used by the Town and should be removed . Supervisor Dietrich said that the Town is looking into the eighteen ( 18 ) foot requirement made by our zoning officer for driveways . He said he has directed the zoning officer to contact the people concerned . Raymond Mayo - Ridgecrest Road asked if three ( 3 ) acres of land is a farm and if farming was permitted in all of the town . Bill Farrell asked if the Town has had an environmental review on the zoning change . Rick Dobson asked when the Town Board would make a decision to adopt or reject the proposed zoning ordinance and if there was another Board meeting scheduled for this month . Supervisor Dietrich said the Board would make a decision on the new ordinance soon . Edward M . Roberts - Bald Hill Road - asked if there was language in the ordinance for the process of amending it . Scott Hoffay - Muzzy Road - asked about payment in lieu of land for land reservation for subdivision and if his present Planned Development District process was affected by the new subdivision regulations . John Shepardson - Muzzy Road - said he assumed that the property owner would have to pay taxes on the required ten percent ( 10 % ) set aside . Charlotte Mayo - Ridgecrest Road asked if all the minutes from the meetings held in regard to the zoning ordinance would be available to the public six months from now . Supervisor Dietrich said that all records are permanent records and are public information . Elizabeth Owens - Roe - Danby Road asked that if the new ordinance was passed if copies could be made available to all Danby Residents with the Danby Area News . Many residents are unaware of the new ordinance proposal . John D ' Ambrose - Gunderman Road - asked Attorney Barney who has the line of say about the ten percent ( 10 % ) set aside for subdivision approval , the Town or the property owner as to whether it be land or money . Motions to close Public Hearings : Proposed Revised Town Zoning Ordinance Public Hearing A motion was made by Councilperson Eckstrom and seconded by Councilperson Oltz to close the Public Hearing No 1 . - PROPOSED anam 3c/ 6 Public Hearing December 11 , 1991 REVISED TOWN ZONING ORDINANCE at 9 : 30 P . M . A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously Proposed Local Law Implementing the State Environmental Quality Review Act Public Hearing A motion was made to by Councilperson Eckstrom and seconded by Councilperson Oltz to close the Public Hearing No 2 . - PUBLIC HEARING ON PROPOSED LOCAL LAW IMPLEMENTING THE STATE ENVIRONMENTAL QUALITY REVIEW ACT at 9 : 31 P . M . A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously Establishing Fees Applicable to Zoning , Subdivision Review , and Related Matters in the Town of Danby Public Hearing A motion was made by Councilperson Eckstrom and seconded by Councilperson Oltz to close the Public Hearing No 3 . - UPON A RESOLUTION ESTABLISHING FEES APPLICABLE TO ZONING , SUBDIVISION REVIEW , AND RELATED MATTERS IN THE TOWN OF DANBY at 9 : 32 P . M . A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously Respectfully submitted 1414• Carol W . Sczo finski Town Clerk { . . 1 Town Board Minutes December 11 , 1991 TOWN OF DANBY TOWN BORD MINUTES Special Meeting 9 : 30 P . M . December 11 , 1991 A Special Meeting of the Town of Danby Town Board was held on Wednesday the 11th day of December 1991 immediately following the public hearings regarding the Proposed Zoning , Ordinance , Map , Subdivision Regulations , Fee Schedule , Local Law # 1 and Local Law # 2 . P RESENT : Supervisor Dietrich Councilpersons ( 4 ) : Eckstrom , Marisa , Oltz , Schwartz O thers Present : Attorney John Barney P lanner Susan Beeners Town Clerk Carol Sczepanski Members of the Public Present : Raymond & Charlotte Mayo , Bertha Makarainen , Steven Rider , Rebecca R . Blair , John Shepardson , John C . Shepardson , Sr . , Valerie Shepardson , William & Sylvia Hiney , R . D . Maycumber , David C . Maycumber , Nancy Weitzel , Bill Farrell , Edw . M . Roberts , Scott Hoffay , Ray Axtell , Gail Miller , Rick Dobson , Patricia Button , J . D ' Ambrose , Elizabeth Owens - Roe Call to Order : The special meeting of the Town of Danby Town Board was called to order at 9 : 30 P . M . by Supervisor Dietrich . Attorney John Barney presented the Town of Danby Town Board with the completed documents related to the Proposed Zoning Ordinance . Councilperson Eckstrom said he would like to emphasize the fact that the Danby Town Board delegates no authority for planning authority under its jurisdiction to County Planning that we reserve o ur full right to control our jurisdiction . RESOLUTION NO . 71 OF 1991 DETERMINING THE ENVIRONMENTAL SIGNIFICANCE OF THE NEW ZONING LAW AND RELATED LEGISLATION By Councilperson Marisa and seconded by Councilperson Schwartz WHEREAS , the Town of Danby acting through the Town Board and the Town Planning Board have prepared and extensively reviewed proposed ✓ evisions to the Town of Danby Zoning Ordinance , new subdivision regulations , a new fee schedule , new local law relating to e nvironmental regulation , and a new local law relating to flood plain regulation in the Town of Danby ; and WHEREAS , the proposed subdivision regulations have been adopted by the Town Planning Board subject to the approval of this Board ; and WHEREAS , on October 14 , 1991 this Board adopted a resolution designating the Town Board of the Town of Danby as the lead agency for SEQR review of all of the proposed legislation ; and WHEREAS , the materials relating to such review were forwarded to the County of Tompkins Department of Planning who has responded by memo dated December 11 , 1991 indicating that the Town Board was free to act without prejudice ; and WHEREAS , public hearings have been held by the Planning Board and the Town Board on various aspects of this legislation on October 41 2 Town Board Minutes December 11 , 1991 29 , 1991 , November 21 , 1991 , December 5 , 1991 , and December 11 , 1991 ; and WHEREAS , the adoption of the legislative program is a Type I action under SEQR ; and WHEREAS , as set forth above , the County of Tompkins has been n otified of the proposed action and no other agency is an involved agency and no agency has indicated a desire of any nature to be lead agency on this matter ; and WHEREAS , the adoption of the entire legislative program was a Type I action under SEQR ; and WHEREAS , the Town Board has reviewed extensively the full e nvironmental assessment form , the proposed new Zoning Ordinance , the proposed subdivision regulations , the proposed local law ✓ egulating environmental review in the Town of Danby , the proposed local law regulating activities in the flood plain areas of the Town of Danby , and the proposed resolution setting fees for review and various activities in the Town of Danby ; and WHEREAS , The Town Board has reviewed the comments and description o f action prepared by the Planning Consultant , Susan Beeners ; and WHEREAS , the Planning Consultant has recommended , based on the information presented and her completion of Part II of the long e nvironmental assessment form , that a negative determination of e nvironmental significance be made for this action ; now , therefore be it RESOLVED , that the Town Board of the Town of Danby make and hereby does make a negative determination of environmental significance for the proposed legislative program referred to above , and it is further RESOLVED , that the Supervisor , with the assistance of the Planning Consultant and Attorneys for the Town , file all required notices o f this action with all appropriate agencies , including , if ✓ equired , the Department of Environmental Conservation of the State o f New York , and take any and all further actions as may be n ecessary or appropriate to effectuate the findings and intent of these resolutions . D iscussion was as follows : Councilperson Eckstrom said that the EAF was very well prepared and feels that this will have a positive impact on our town . A roll call vote on the resolution resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye S chwartz Aye D ietrich Aye Carried Unanimously L OCAL LAW NO . 1 OF 1991 - Adopted A LOCAL LAW RELATING TO FLOOD DAMAGE PROTECTION A motion was made by Councilperson Schwartz and seconded by Councilperson Marisa to adopt the following LOCAL LAW NO 1 OF 1991 e ntitled " RELATING TO FLOOD DAMAGE PROTECTION " . B e it enacted by the Town Board of the Town of Danby as follows : Attached - - - SEE INSERT NO . 1 of December 11 , 1991 - 42 3 Town Board Minutes December 11 , 1991 A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously LOCAL LAW NO . 2 OF 1991 - Adopted A LOCAL LAW PROVIDING FOR ENVIRONMENTAL REVIEW OF ACTIONS IN THE TOWN OF DANBY A motion was made by Supervisor Dietrich and seconded by Councilperson Eckstrom to adopt the following Local Law No . 2 " A L OCAL LAW PROVIDING FOR ENVIRONMENTAL REVIEW OF ACTIONS IN THE TOWN O F DANBY " . D iscussion - - page 9 - Critical Environmental Area . Section XV ! ! Attached - SEE INSERT No . 2 of December 11 , 1991 A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye D ietrich Aye Carried Unanimously ADOPTION OF TOWN OF DANBY ZONING ORDINANCE The following motion was moved by Councilperson Eckstrom : Seconded by Supervisor Dietrich : B E IT ORDAINED by the TOWN BOARD OF THE TOWN OF DANBY that the annexed ZONING ORDINANCE be ADOPTED as the ZONING ORDINANCE for the TOWN OF DANBY and that the MAP submitted with same and including the Supplement to the Zoning Map be adopted as the ZONING MAP of the TOWN OF DANBY . Zoning Ordinance Draft adopted - dated November 27 , 1991 Map Draft adopted - dated November 21 , 1991 D iscussion followed and the following minor corrections will be made : 1 ) in the section dealing with doublewides - delete the word " whall " and insert " shall " ; 2 ) in the section dealing with doublewides - delete the word " mobil " and insert " mobile " . A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye S chwartz Aye D ietrich Aye Carried Unanimously S ubdivision Regulations - Adopted A motion was made by Councilperson Oltz and seconded by Councilperson Schwartz to adopt the Subdivision Regulations of the Town of Danby , New York as adopted by the Town of Danby Planning Board on December 5 , 1991 . 4J 4 Town Board Minutes December 11 , 1991 SEE INSERT NO . 3 and NO . 4 of December 11 , 1991 D iscussion : Councilperson Schwartz said for the record - - In Section 208 - page 9 - - the word " staff " and implies " Code Enforcement Officer " . A roll call vote on the motion resulted as follows : E ckstrom Aye Marisa Aye O ltz Aye Schwartz Aye Dietrich Aye Carried Unanimously RESOLUTION NO . 72 OF 1991 - ADOPTED The following resolution draft dated November 27 , 1991 was presented to the Town Board for adoption . RESOLUTION NO . 72 E STABLISHING FEES FOR BUILDING CODE , ZONING ORDINANCE , SUBDIVISION REGULATION , AND OTHER ENFORCEMENT ACTIVITIES B y Supervisor Dietrich : Seconded by Councilperson Eckstrom SEE INSERT NO . 5 of December 11 , 1991 A roll call vote on the resolution resulted as follows : E ckstrom Aye O ltz Aye Marisa Aye Schwartz Aye D ietrich Aye Carried Unanimously Supervisor Dietrich and members of the Town Board thanked Attorney J ohn Barney and congratulated him on a job well done . Attorney Barney said that he had enjoyed working with the Town and that Susan Beeners had been invaluable throughout this whole process . ADJOURNMENT : On a motion the meeting was adjourned at 9 : 55 P . M . attiOsiA,e441 ) Carol W . Sc 4 ski Town Clerk Jr") 4 5 • l y LOCAL LAW NO . 1 - 1991 ° Pilini RELATING TO FLOOD DAMAGE PROTECTION Be it enacted by the Town Board of the Town of Danby as follows : Section 1 : . The Town of Danby hereby enacts the following local law to be entitled " A LOCAL LAW RELATING TO FLOOD DAMAGE PROTECTION " reading as follows : SECTION 1 .0 STATUTORY AUTHORIZATION AND PURPOSE 1 . 1 FINDINGS The Town Board of the Town of Danby finds that the potential and /or actual damages from flooding and erosion may be a problem to the residents of the Town of Danby and that such damages may include: destruction or loss of private and public housing , damage to public facilities , both publicly and privately owned , and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth , this local law is adopted . I 1 . 2 STATEMENT OF PURPOSE It is the purpose of this local law to promote the public health , safety , and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to : ( 1 ) regulate uses which are dangerous to health , safety and property due to water or erosion hazards , or which result in damaging increases in erosion or in flood heights or velocities ; (2) require that uses vulnerable to floods , including facilities which serve such uses , be protected against flood damage at the time of initial construction ; (3) control the alteration of natural flood plains , stream channels , and natural protective barriers which are involved in the accommodation of flood waters ; (4) control filling , grading , dredging and other development which may increase erosion or flood damages ; . (5) regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands , and ; (6) qualify and maintain eligibility for participation in the National Flood Insurance Program . I 1 . 3 OBJECTIVES The objectives of this local law are: ityA food. !!, wp51 , Danby, , 12/17/91 9:27pm . ( 1 ) to protect human life and health ; (2) to minimize expenditure of public money for costly flood control projects ; (3) to minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public ; (4) to minimize prolonged business interruptions ; (5) to minimize damage to public facilities and utilities such as water and gas mains , electric , telephone, sewer lines , streets and bridges located in areas of special flood hazard ; (6) to help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas ; (7) to provide that developers are notified that property is in an area of special flood hazard ; and , (8) to ensure that those who occupy the areas of special flood hazard assume responsibility for their actions . SECTION 2 .0 DEFINITIONS Unless specifically defined below , words or phrases used in this local law shall be interpreted so as to give them the meaning they have in common usage and to give this local law its most reasonable application . . " Appeal " means a request for a review of the Code Enforcement Officer 's interpretation of any provision of this Local Law or a request for a variance. " Area of shallow flooding " means a designated AO or VO Zone on a community 's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. " Area of special flood hazard " is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. This area may be designated as Zone A , AE , All , AO, Al-99 , V , VO , VE , or Vl -30 . It is also commonly referred to as the base flood plain or 100-year flood plain . " Base flood " means the flood having a one percent chance of being equalled or exceeded in any given year . 2 4 • food. !!, wpSI, Danby 12/17/91 9:27pm / , , " Basement" means that portion of a building having its floor subgrade (below ground level) on all sides . " Building " means any structure built for support, shelter , or enclosure for occupancy or storage. " Cellar " - has the same meaning as " Basement" " Development " means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures , mining , dredging , filling , paving , excavation or drilling operations . " Elevated building " means a non-basement building built to have the lowest floor elevated above the ground level by means of fill , solid foundation perimeter walls , pilings , columns (posts and piers) , or shear walls . " Existing manufactured home park or manufactured home subdivision " means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including, at a minimum , the installation of utilities , either final site grading or the pouring of concrete pads , and the construction of streets) is completed before the effective date of this local law . " Flood " or " Flooding " . means a general and temporary condition of partial or complete inundation of normally dry land areas from : ( 1 ) the overflow of inland or tidal waters ; (2) the unusual and rapid accumulation or runoff of surface waters from any source . " Flood Boundary and Floodway Map (FBFM) " means an official map of the Community published by the Federal Emergency Management Agency as part of a river in Community ' s Flood Insurance Study . The FBFM delineates a Regulatory Floodway along water courses studied in detail in the Flood Insurance Study . " Flood Hazard Boundary Map (FHBM) " means an official map of a community , issued by the Federal Emergency Management Agency , where the boundaries of the areas of special flood hazard have been defined but no water surface elevation is provided . " Flood Insurance Rate Map (FIRM) " means an official map of a community , issued by the Federal Emergency Management Agency , on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community . " Flood Insurance Study " is the official report provided by the Federal Emergency Management Agency . The report contains flood profiles , as well as the Flood Boundary and Floodway Map , as elevations of the base flood . 3 • . .. . . . ... . . . . . . 4 lc N .,. IIflood. !!, wpS1, Danby, , 12/17/919.27pm " Floodproofing " means any combination of structural and non-structural additions , changes , or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities , structures and their contents . " Floodway " - has the same meaning as " Regulatory Floodway " . " Functionally dependent use " means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking facility . The term does not include long- term storage, manufacture, sales , or service facilities . " Lowest Floor " means lowest level including basement , cellar , crawlspace or garage of the lowest enclosed area . " Manufactured home " means a structure, transportable in one or more sections , which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities . The term also includes mobile homes , park trailers , travel trailers , and similar transportable structures placed on a site for 180 consecutive days or longer. " Mean Sea Level " means , for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community 's Flood Insurance Rate Map are referenced . " New Construction " means structures for which the " start of construction " commenced on or after the effective date of this Local Law . " Principally Above Ground " means that at least 51 percent of the actual cash value of the structure, excluding land value, is above ground . " Regulatory Floodway " means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in Section 4 . 3 -2 of this Law . " Start of Construction " includes substantial improvement and means the first placement of permanent construction of a structure (other than a manufactured home) on a site, such as the pouring of slabs or footings , the installation of piles , the construction of columns or any work beyond the stage of excava- tion . Permanent construction does not include land preparation , such as clearing , grading, and filling; nor does it include the installation of streets and/or walkways ; nor does it include excavation for a basement, footings , piers or foundations or the erection of temporary forms ; nor does it include the installation on the property of accessory buildings , such as garages or sheds not occupied as dwelling units or not as part II of the main structure . For manufactured homes , " start of construction " is the date on which the construction of facilities for servicing the site on which the manufactured home is to be affixed (including, at a minimum , the construction of streets , either final site grading or the pouring of concrete pads , and installation of utilities) is commenced but in any event, no later than the placement of a manufactured 4 flood. !!, wp5I , Danby, , 12/17/91 9:27pm home on a foundation . " Structure" means a walled and roofed building , a manufactured home, or a gas or liquid storage tank, that is principally above ground . " Substantial Improvement " means any repair, reconstruction , or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either : ( 1 ) before the improvement or repair is started ; or (2) if the structure has been damaged and is being restored , before the damage occurred . For the purposes of this definition " substantial improvement " is considered to commence when the first alteration of any wall , ceiling, floor or other structural part of the building commences , whether or not that alteration affects the external dimensions of the structure . The term does not, however, include either : ( 1 ) any project for improvement of a structure to comply with existing state or local building , fire, health , sanitary , or safety code specifications which are solely necessary to assure safe living conditions ; or (2) any alteration of a structure or contributing structure listed on the National Register of Historic Places or a State Inventory of Historic Places . " Variance " means a grant of relief from the requirements of this local law which permits construction or use in a manner that would otherwise be prohibited by this Local Law . SECTION 3 .0 GENERAL PROVISIONS 3 . 1 LANDS TO WHICH THIS LOCAL LAW APPLIES This local law shall apply to all areas of special flood hazards within the jurisdiction of the Town of Danby . 3 . 2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Emergency Management Agency and set forth on flood insurance rate maps numbers 01 -06 shown on the map indexed and related map for Community No . 360845B effective May 15 , 1985 , as the same may be amended from time to time by the Federal Emergency Management Agency . I3 . 3 INTERPRETATION , CONFLICT WITH OTHER LAWS 5 flood. !!, wp51 , Danby, , 12/17/91 9:27pm This Local Law is adopted in response to revisions to the National Flood Insurance Program effective October 1 , 1986 and shall supersede all previous laws adopted for the purpose of establishing and maintaining eligibility for flood insurance . In their interpretation and application , the provisions of this Local Law shall be held to be minimum requirements , adopted for the promotion of the public health , safety , and welfare . Whenever the requirements of this local law are at variance with the requirements of any other lawfully adopted rules , regulations , or ordinances , the most restrictive, or that imposing the higher standards , shall govern . 3 . 4 SEVERABILITY The invalidity of any section or provision of this Local Law shall not invalidate any other section or provision thereof. 3 . 5 PENALTIES FOR NON-COMPLIANCE No development shall occur and no structure shall hereafter be constructed , located , extended , converted , or altered and no land shall be excavated or filled without full compliance with the terms of this Local Law and any other applicable regulations , including receipt of the development permit set forth below together with any building permits required pursuant to any building, zoning or other rule, law, or regulation governing. construction . Any violation of the provisions of this Local Law by failure to comply with any of its requirements , including violations of conditions and safeguards established in connection with conditions of the permit , shall constitute a misdemeanor . Any person who violates this Local Law or fails to comply with any of its requirements shall , upon conviction thereof be fined not more than $500 or imprisoned for not more than 30 days or both , for each violation , and in addition , shall pay all costs and expenses involved in the case . Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Code Enforcement Officer from taking such other lawful action as necessary to prevent or remedy a violation . Any structure found not complying with the requirements of this Local Law for which the owner has not applied for and received an approved variance under Section 6 . 0 will be declared noncomplying and notification sent to the Federal Emergency Management Agency . 3 . 6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this local law is considered reasonable for regulatory purposes and is based on scientific and engineering considerations . Larger floods can and will occur on rare occasions . Flood heights may be increased by man-made or natural causes . This local law does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages . This local law shall not create liability on the part of the Town of Danby , any officer or employee thereof, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this local law or any administrative decision lawfully made thereunder . 6 • flood. 11, wpS1 , Danby, , 12/17/91 9:27pm / SECTION 4 .0 ADMINISTRATION 4 . 1 REQUIREMENT FOR DEVELOPMENT PERMIT ( 1 ) A Development Permit shall be obtained before any development or start of construction , whichever occurs earlier , within any area of special flood hazard established in Section 3 . 2 . (2) The Code Enforcement Officer is hereby appointed Local Administrator to administer and implement this local law by granting or denying Development Permit applications in accordance with its provisions . (3) The Code Enforcement Officer may include such conditions to the grant of any Development Permit as the Code Enforcement Officer may reasonably require to carry out the purpose of this law , and , further, in consideration of the technical evaluations , all relevant factors and standards specified in other sections of this law including , but not limited to , those set forth in Section 6 . 1 (4) , below . 4 . 2 DEVELOPMENT PERMIT APPLICATION ( 1 ) The application for the Development Permit must be made by the Owner of the property , or by a person duly authorized by the Owner ( " hereinafter collectively referred to as the " Owner " ) , on forms prepared by the Code Enforcement Officer . (2) The following information is required where applicable : (a) plans , in duplicate, drawn to scale showing the nature, location , dimension, and elevations of the area in question , existing and/or proposed structures , fill , storage of materials and drainage facilities , (b) elevation in relation to mean sea level of the proposed lowest floor (including basement or cellar) of all structures ; (c) elevation in relation to mean sea level to which any non-residential structure will be flood-proofed ; (d) when required , a certificate from a licensed professional engineer or architect that the utility floodproofing will meet the criteria in Section 5 ; (e) certificate from a licensed professional engineer or architect that the non- residential flood-proofed structure will meet the flood-proofing criteria in Section 5 ; and 7 flood. !!, wpSJ, Danby, , 12/I7/91 9:27pm (f) description of the extent to which any watercourse or regulated floodway will be altered or relocated as a result of proposed development . (g) such other information as the Code Enforcement Officer may reasonably require . (3) Any permit issued may require that the work for which the permit is granted shall be begun on a date which shall be no more than three months after its issue. The estimated date of completion of the work shall appear on the permit . The Code Enforcement Officer may grant extensions of time as the Code Enforcement Officer may reasonably determine, taking into account the factors and standards set forth elsewhere in this law and the Code Enforcement Officer may require additional conditions taking into account such factors and standards and any changes in the physical facts , or in any applicable law , code or regulations , and the extent of the progress of such work at the time of application . Such application for extension shall be made on forms prepared by the Code Enforcement Officer . • 4 . 3 DUTIES OF OWNER ( 1 ) Upon placement of the lowest floor, or flood-proofing by whatever means , it shall be the duty of the Owner to submit to the Code Enforcement Officer a certificate of the elevation of the lowest floor, or flood-proofed elevation , in relation to mean sea level . The elevation certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same . When flood-proofing is utilized for a particular building the flood-proofing certificate shall be prepared by or under the direct supervision of a licensed professional engineer or architect and certified by same. The Code Enforcement Officer shall review all data submitted . Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected . (2) It shall be the responsibility of the Owner to insure that all work and construction has been done in compliance with the requirements of this law . The Owner shall sign and acknowledge a certificate that the work has been performed and completed in accordance with all provisions of this law and the conditions of a permit. The Code Enforcement Officer may also require that such a certificate be signed by a competent person who has supervised or examined the work . 4 . 4 CODE ENFORCEMENT OFFICER REVIEW AND ACTION 4 . 4- 1 PERMIT APPLICATION REVIEW Upon receipt of a completed application the Code Enforcement Officer will ( 1 ) Review all Development Permit applications to determine that the requirements of this local law have been satisfied . 8 J • • • flood. !!, wpS1 , Danby, , 12/17/91 9:27pm (2) Review all Development Permit applications to determine that all necessary permits have been obtained from those Federal , State or local governmental agencies from which prior approval is required . (3) Review all Development Permits for compliance with the provisions of Section 5 relating to encroachments . 4 . 4-2 USE OF OTHER BASE FLOOD AND FLOODWAY DATA When base flood elevation data have not been provided in accordance with Section 3 . 2 , BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD , the Code Enforcement Officer shall obtain , review and reasonably utilize any base flood elevation and floodway data available from a Federal , State or other source, including data developed pursuant to Section 5 . 1 in order to administer Section 5 . 2 , SPECIFIC STANDARDS and Section 5 . 3 FLOODWAYS . 4 . 4-3 INFORMATION TO BE OBTAINED AND MAINTAINED The Code Enforcement Officer shall , with the help of the Owner or, when necessary with the help of an engineer paid for by the Owner ( 1 ) Obtain and record the actual elevation , in relation to mean sea level , of the lowest floor, including basement or cellar of all new or substantially improved structures , and whether or not the structure contains a basement or cellar . (2) For all new or substantially improved floodproofed structures : (a) obtain and record the actual elevation , in relation to mean sea level , to which the structure has been floodproofed ; and (b) maintain the floodproofing certifications required in Sections 5 . 1 and 5 . 2 . (3) Maintain for public inspection all records pertaining to the project as the same is affected by the provisions of this local law including records of variances when granted and Certificates of Compliance . 4 . 4-4 ALTERATION OF WATERCOURSES The Code Enforcement Officer shall ( 1 ) Notify adjacent communities and the New York State Department of Environmental Conservation prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator . 9 flood. !!, wpSJ , Danby, , 12/17/91 9:27pm (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished . 4 . 4-5 INTERPRETATION OF FIRM BOUNDARIES ( 1 ) The Code Enforcement Officer shall have the authority to make interpretations when there appears to be a conflict between the limits of the federally identified area of special flood hazard and actual field conditions . (2) Base flood elevation data established pursuant to Section 3 . 2 and/or Section 4 . 4-2 , when available, shall be used to accurately delineate the area of special flood hazards . (3) The Code Enforcement Officer shall use flood information from any other authoritative source, including historical data, to establish the limits of the area of special flood hazards when base flood elevations are not available . 4 . 4-6 STOP WORK ORDERS ( 1 ) All flood plain development or construction found ongoing without an approved Development Permit, or any other required permits , shall be subject to the issuance of a stop work order by the Code Enforcement Officer . Disregard of a stop work order shall be subject to the penalties described in Section 3 . 5 of this Local Law . (2) All flood plain development found to be not complying with the provisions of this law and/or the conditions of the approved permit shall be subject to the issuance of a stop work order by the Code Enforcement Officer . Disregard of a stop work order shall be subject to the penalties described in Section 3 . 5 of this Local Law . 4 . 4-7 INSPECTIONS The Code Enforcement Officer or, if required by the Code Enforcement Officer, the Owner 's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and enable the person who is conducting the inspection to certify that the development is in compliance with the requirements of either the Development Permit or an approved variance . 4 . 4-8 CERTIFICATE OF COMPLIANCE ( 1 ) It shall be unlawful to use or occupy or to permit the use or occupancy of any building or premises , or both , or part thereof hereafter created , erected , changed , converted or wholly or partly altered or enlarged in its use or structure until a 10 J food. 11, wpSI , Danby, , 12/17/91 9:27pm • Certificate of Compliance has been issued by the Code Enforcement Officer stating that the building or land conforms to the requirements of this Local Law . (2) All other development occurring within the designated flood hazard area will have upon completion a Certificate of Compliance issued by the Code Enforcement Officer . (3) All certifications shall be based upon the inspections conducted subject to Section 4 . 4-7 , the certification of professionally qualified representatives made pursuant to Section 4 . 4-7 and/or any certified elevations , hydraulic information , floodproofing , anchoring requirements or encroachment analysis which may have been required as a condition of the approved permit. . SECTION 5 .0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5 . 1 GENERAL STANDARDS In all areas of special flood hazards the following standards are required : 5 . 1 - 1 ANCHORING ( 1 ) All new construction and substantial improvements shall be anchored to prevent flotation , collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads , including the effects of buoyancy . (2) All manufactured homes shall be installed using methods and practices which minimize flood damage. Manufactured homes must be elevated and anchored to resist flotation , collapse, or lateral movement . All manufactured homes to be placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the following requirements : (a) Over-the-top ties shall be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations , with manufactured homes less than 50 feet long requiring one additional tie per side. (b) Frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points , with manufactured homes less than 50 feet long requiring four additional ties per side. 11 .1.)■• Jlood. 11, wp51 , Danby, , 12/17/91 9:27pn (c) Each component of the anchoring system shall be capable of individually carrying a force of 4 , 800 pounds ; and (d) Any additions to the manufactured home shall be similarly anchored . 5 . 1 -2 CONSTRUCTION MATERIALS AND METHODS ( 1 ) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage . (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage . 5 . 1 -3 UTILITIES ( 1 ) All new construction and substantial improvement shall be constructed with electrical , heating , ventilation, plumbing, air conditioning equipment, and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding . When designed for location below the base flood elevation , a professional engineer's or architect ' s certification is required that such utilities meet this specification . (2) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system ; (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters ; and (4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding . 5 . 1 -4 SUBDIVISION PROPOSALS ( 1 ) All subdivision proposals , including proposed manufactured home parks or subdivisions , shall be consistent with the need to minimize flood damage; (2) All subdivision proposals , including proposed manufactured home parks or subdivisions , shall have public utilities and facilities such as sewer , gas , electrical , and water systems located and constructed to minimize flood damage; (3) All subdivision proposals , including proposed manufactured home parks or subdivisions , shall have adequate drainage provided to reduce exposure to flood 12 flood. !!, wp51 , Danby, , 12/17/91 9:27pm damage; and , (4) Base flood elevation data shall be provided for subdivision proposals and other proposed developments (including proposals for manufactured home parks and subdivisions) greater than either 50 lots or 5 acres . 5 . 1 -5 ENCROACHMENTS ( 1 ) In all areas of special flood hazard in which base flood elevation data are available pursuant to Section 4 . 4-2 or Section 5 . 1 -4(4) and no floodway has been determined the cumulative effects of any proposed development, when combined with all other existing and anticipated development , shall not increase the water surface elevation of the base flood more than one foot at any point . (2) In all areas of the special flood hazard where floodway data are provided or available pursuant to Section 4 . 4-2 the requirements of Section 5 . 3 , Floodways , shall apply . 5 . 2 SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data have been provided as set forth in Section 3 . 2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARDS and Section 4 . 4-2 , USE OF OTHER BASE FLOOD DATA , the following standards are required : 5 . 2- 1 RESIDENTIAL CONSTRUCTION New construction and substantial improvement of any residential structure shall have the lowest floor , including basement or cellar , elevated to or above the base flood elevation ; 5 . 2-2 NONRESIDENTIAL CONSTRUCTION ( 1 ) New construction and substantial improvement of any commercial , industrial or other non-residential structure, together with attendant utility and sanitary facilities , shall either : have the lowest floor, including basement or cellar , elevated to or above the base flood elevation ; or be floodproofed so that the structure is watertight below the base flood level with walls substantially impermeable to the passage of water . All structural components located below the base flood level must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy . (2) If the structure is to be floodproofed : (a) a licensed professional engineer or architect shall develop and/or review 13 4 . :1 flood. !!, wp51, Danby, , 12/17/91 9:27pm structural design , specifications , and plans for the construction , and shall certify that the design and methods of construction are in accordance with accepted standards of practice to make the structure watertight with walls substantially impermeable to the passage of water, with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy ; and (b) a licensed professional engineer or licensed land surveyor shall certify the specific elevation (in relation to mean sea level) to which the structure is floodproofed . (c) The Code Enforcement Officer shall maintain on record a copy of all such certificates noted in this section . 5 . 3 FLOODWAYS Located within areas of special flood hazard are areas designated as floodways (see definition , Section 2 . 0) . The floodway is an extremely hazardous area due to high velocity flood waters carrying debris and posing additional threats from potential erosion forces . When floodway data are available for a particular site as provided by Section 3 . 2 and Section 4 . 4-2 , all encroachments including fill , new construction , substantial improvements , and other development are prohibited within the limits of the floodway unless a technical evaluation demonstrates that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge and no manufactured home shall be placed within the limits of the floodway except in an existing manufactured home park or existing manufactured home subdivision . SECTION 6.0 VARIANCE PROCEDURE 6 . 1 APPEALS BOARD ( 1 ) The Board of Appeals as established by the Town Board shall hear and decide appeals and requests for variances from the requirements of this local law . (2) The Board of Appeals shall hear and decide appeals when it is alleged there is an error in any requirement , decision , or determination made by the Code Enforcement Officer in the enforcement or administration of this local law . (3) Those aggrieved by the decision of the Board of Appeals , or any taxpayer owning property in the Town of Danby who may have a significant interest in the decision and proceedings on which it was based , may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules . 14 / � l Jlood. 11, wp51 , Danby, , 12/17/91 9:27pm (4) In passing upon such applications , the Board of Appeals shall consider all technical evaluations , all relevant factors , standards specified in other sections of this local law and : (a) the danger that materials may be swept onto other lands to the injury of others ; (b) the danger to life and property due to flooding or erosion damage; (c) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner ; (d) the importance of the services provided by the proposed facility to the community ; (e) the necessity to the facility of a waterfront location , where applicable; (f) the availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (g) the compatibility of the proposed use with existing and anticipated development; (h) the relationship of the proposed use to the comprehensive plan and flood plain management program of that area ; (1) the safety of access to the property in times of flood for ordinary and emergency vehicles ; (j) the costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding ; (k) the expected heights , velocity , duration , rate of rise, and sediment transport of the flood waters and the effects of wave action , if applicable , expected at the site; and (1) the costs of providing governmental services during and after flood conditions , including search and rescue operations , maintenance and repair of public utilities and facilities such as sewer, gas , electrical , and water systems and streets and bridges . . (5) Upon consideration of the factors of Section 6 . 1 (4) and the purposes of this local law , the Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law . (6) The Board of Appeals shall maintain the records of all appeal actions including technical information and report any variances to the Federal Emergency Management Agency upon request . • 15 flood. !!, wpS1, Danby, , 12/17/91 9:27pm 6 . 2 CONDITIONS FOR VARIANCES ( 1 ) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level , providing the items in Section 6 . 1 (4) have been fully considered . As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases . (2) Variances may be issued for the reconstruction , rehabilitation or restoration of structures and contributing structures listed on the National Register of Historic Places or the State Inventory of Historic Places , without regard to the procedures set forth in the remainder of this section . (3) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that : (a) the criteria of subparagraphs 1 , 4, 5 , and 6 of this section 6 . 2 are met ; (b) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety . (4) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result . (5) Variances shall only be issued upon a determination that the variance is the minimum necessary , considering the flood hazard , to afford relief. (6) Variances shall be issued only upon : (a) a showing of good and sufficient cause; (b) a determination that failure to grant the variance would result in exceptional hardship to the applicant ; and (c) a determination that the granting of a variance will not result in increased flood heights , additional threats to public safety , extraordinary public expense , create nuisances , cause fraud on or victimization of the public or conflict with existing local laws or ordinances . (7) Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice that the cost of flood insurance will be commensurate with the increased risk resulting from lowest floor elevation . 16 flood. 11, wp51 , Danby, , 12/17/91 9:27pm Section 2 : If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any of the other provisions of this local law which shall remain in full force and effect . Section 3 : This local law shall supersede any prior ordinances , laws , or provisions governing flood damage protection previously enacted by the Town of Danby , including particularly Local Law Number 4 for the year 1985 . Section 4 : This law shall take effect ten days after its enactment . • 17 t . : 1 • 1. LOCAL LAW NO #2 - 1991 PROVIDING FOR Q \ ■ ENVIRONMENTAL REVIEW OF ACTIONS je)j IN THE TOWN OF DANBY r Be it enacted by the Town Board of the Town of Danby as follows : A LOCAL LAW PROVIDING FOR ENVIRONMENTAL REVIEW OF ACTIONS IN THE TOWN OF DANBY SECTION I . Purpose. The purpose of this Local Law is to implement, for the Town of Danby , the State Environmental Quality Review Act (" SEQR " ) and the provisions of 6 NYCRR Part 617 as hereinafter defined . The intent of SEQR and this Local Law is to provide a procedural framework for the inclusion of environmental considerations into the local decision-making process at the earliest possible time and for the mitigation of negative environmental impacts . It is the purpose of this Local Law that a suitable balance of social , economic , and environmental factors be incorporated into the planning , review and decision-making processes of the Town of Danby . It is r not the intention of SEQR and this Local Law that environmental factors be the sole or, necessarily, controlling consideration in the decision-making process . SECTION II . Definitions . The words used in this Local Law shall have the same meaning as such words are defined in Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 as the same may be amended from time to time, unless the context requires a different meaning . The following terms shall have the following meaning : 1 . SEQR - The State Environmental Quality Review Act as set forth in Article 8 of the Environmental Conservation Law . 2 . Part 617 - Volume 6 of the New York Code of Rules and Regulations Part 617 (6 NYCRR 617) . 3 . EAF - Full Environmental Assessment Form . Unless and until the Town adopts a different form , the EAF shall be the EAF included as an appendix to Part 617 . 4 . S /EAF - Short Environmental Assessment Form . Unless and until the Town adopts a different form , the S /EAF shall be the S /EAF included as an appendix to Part 617 . 5 . EIS - Environmental Impact Statement. D/EIS - Draft Environmental Impact Statement . 7 . ECL - New York State Environmental Conservation Law . l � Danby.env, wp51 danby, 12/ 17/91 9 :28pm 8 . Town - the Town of Danby . The following terms shall be defined and have the meaning as set forth in Part 617 except as modified by this local law : " Actions " ; " Exempt Action " ; " Excluded Action " ; " Type I Action " ; " Type II Action " ; " Unlisted Action " ; " Lead Agency " ; " Involved Agency " ; " Critical Environmental Area . " SECTION III . Classification of Actions . 1 . All actions may be classified as set forth in (a) through (e) , below , and as are defined in Part 617 . a) Exempt - enforcement proceedings , most ministerial acts , maintenance and repair involving no substantial changes , and emergency actions on a limited and temporary basis ; b) Excluded - Generally , those actions approved prior to November 1 , 1978 ; or requiring a certificate of environmental compatibility under the Public Service Law ; c) Type II - actions which have been determined legislatively not to have a significant effect on the environment , consisting of actions listed in Part 617 or in Section VI of this Local Law ; d) Type I - actions which are most likely to require preparation of an Environmental Impact. Statement, consisting of actions listed in Part 617 , in Section V of this Local Law , or in any similar listing adopted by an involved agency ; e) Unlisted - not otherwise listed but which require environmental significance to be determined . 2 . If any action meets the definition of an Exempt action or an Excluded action , the SEQR review shall terminate in accordance with Part 617 regardless of whether such action would otherwise meet the definition of a Type I action . SECTION IV. Designated Person or Department . The Code Enforcement Officer or other person or department of the Town of Danby designated by the Town Board shall : 1 . Aid in determining whether the proposed action is (a) Exempt, (b) Excluded , or (c) Type II , using the strictest interpretation of Part 617 and this Local Law . Where any doubt exists , such determination shall be referred to the . lead agency as designated under the provisions of Section IX of this Local Law and to the Town Board in all other cases . 2 . Aid in designating the lead agency and make recommendations therefor . 3 . Perform preliminary review of all applications , EAF 's , S/EAF's , D/EIS ' s , EIS ' s and supporting documents to determine probable sufficiency as to scope , form and content . 4 . Require that the applicant complete an EAF if (a) any question in Part II of the S/EAF has been 2 t � answered " Yes " , (b) the scope of proposal requires more detail or , (c) in the first instance, if the S /EAF would not provide the lead agency with sufficient information on which to base its determination of significance . 5 . Aid the applicant with any questions concerning forms or the environmental review process . 6 . Determine whether applications , including all pertinent environmental documents , appear to be sufficient ; and forward such application materials to the appropriate Town lead agency with a recommendation concerning environmental significance within a reasonable time to allow for review at the Town lead agency meeting at which the application is scheduled to be considered . 7 . Assist agencies and applicants to identify other agencies including , federal and state agencies , that may be involved in the approving , funding or carrying out of Type I and Unlisted actions . The burden for determining other involved agencies shall nevertheless rest solely on the applicant. 8 . Assist in the scoping of the D/EIS (when a Town agency is either a lead agency or an involved agency . ) SECTION V. Type I Actions . In addition to those actions listed in Part 617 , the following are hereby designated as Type I actions : 1 . Any of the following changes in the uses allowed by local law , ordinance, rule, regulation , special permit, variance or otherwise, within any zoning district or zone or districts or zones which result in such change in use applying to a parcel or parcels of land of five (5) or more acres in the zone or zones : (a) authorization of industrial or commercial uses within a residential zone or Tompkins County Agricultural District ; (b) establishment of a commercial zone in the commercial target area as set forth in the Town of Danby Zoning Ordinance; (c) Construction of civic institution facilities such as hospitals , correction facilities , libraries , or schools ; 2 . Any authorization , whether by special permit , re-zoning , variance or otherwise, to allow construction or expansion of any of the following facilities or activities : (a) Creation of a residential subdivision , apartment complex , mobile home park , or planned unit development for ten ( 10) or more housing units ; (b) The construction of ten ( 10) or more new residential units . (c) Commercial development where the site to be developed is 5 acres or more . (d) New facilities for industrial activities or expansion of existing facilities by 50 per cent or more; 3 rt ,. .) t Danby.env, wp51 danby, 12/ 17/91 9 :28pm (e) Airports , landing fields , and associated buildings , grading , and drainage work ; (f) Dams with a downstream hazard of " C " classification under ECL Section 15-0503 ; (g) Sanitary landfills ; (h) Process , exhaust, and/or ventilation systems emitting air contaminants assigned an environmental rating of " C " under 6 NYCRR 212 with a total emission rate exceeding one pound per hour; (I) Process , exhaust, and/or ventilation systems from which total rate of all air contaminants exceeds 50 tons per day ; (j ) Sewage treatment works having average daily design flow of more than 0 . 5 mgd ; (k) Any facility , development or project having a potentially adverse impact on any historic or prehistoric building, structure, or site designated as an historic building , landmark , or district by the Town Board . 3 . Any funding , licensing , permitting , or planning activities by a public agency (exclusive of the granting of building permits by the Code Enforcement Officer) in respect to specific projects referred to in the immediately two preceding paragraphs . 4 . The construction , alteration , or demolition of non-residential facilities which meet or exceed any of the thresholds set forth in " a " through " d " below, or the expansion of an existing non- residential facility by more than fifty per cent (50 % ) of any such thresholds , provided that the expansion and the existing facilities , when combined , meet or exceed any threshold contained in Section V and Part 617 : a) an action which involves the physical alteration of ten ( 10) acres ; b) an action which would use ground or surface water in excess of 100 , 000 gallons per day ; c) parking for 100 vehicles ; or d) a facility with more than 25 ,000 square feet of gross floor area . 5 . Any action which takes place in , or within 250 feet of, any Critical Environmental Area designated by a governmental agency . pursuant to Part 617 . 6 . Any facility , development or project which is to be located in , or within 250 feet of, (a) A freshwater wetland as defined in ECL Article 24 ; (b) An Area of Special Flood Hazard as defined in the Town of Danby ' s laws relating to Flood Damage Protection ; 4 Ltillo) .bily , .til. Jj ddl .lJy , AL, 1 u11 1 . LUA1111 rai I 1 .• • (c) A Wild , Scenic , or Recreational River designated in ECL Article 15 , Title 27 ; or (d) An Unique Natural Area as suggested by the Tompkins County Environmental Management Council and adopted as such a protected area by the Town Board . 7 . Mining of more than 1 , 000 tons of minerals removed from the earth within twelve ( 12) successive calendar months . The definition of mining and minerals shall be the same as that in the New York State Mined Land Reclamation Law , being Section 23 -2705 (7) and (8) of the ECL . 8 . Any facility , development or project which would generate more than 2 , 000 vehicle trips per any eight (8) hour period per day . SECTION VI . Type II Actions . In addition to those actions listed in Part 617 , the following are hereby designated as Type II actions : 1 . The construction or alteration of a single or two-family residence and accessory structures : a) not in conjunction with the construction or alteration of two or more such residences and , b) not in , or within 250 feet of, a designated Critical Environmental Area, designated freshwater wetland , or designated area specially protected by legislation of any local , county , state or federal governmental body . 2 . The extension of water, sewer , gas , electric , telephone, or television cable utility facilities to serve new or altered single or two-family residential structures or to render service in approved subdivisions , if not in , or within 250 feet of, an area specified in paragraph 1 (b) of this Section VI . 3 . The construction or alteration of a store, office, or restaurant, provided : a) such use is permitted under any local law , ordinance , rule or regulation , b) such store, office, or restaurant is designed for a maximum occupancy of twenty (20) persons or less , and c) such store, office, or restaurant is not in , or within 250 feet of, an area specified in paragraph 1 (b) of this Section VI . 4 . The operation , repair, or maintenance of existing structures , facilities , land uses , and equipment. 5 . All tree planting , landscaping, and trimming by the Town of Danby Highway Department. 6 . The reconstruction , replacement, or restoration of existing structures , facilities , roadways , and equipment located on the same site and having the same purpose , including , but not limited to : a) roadways , shoulders , curbs , ditches , bridges , culverts , and intersection safety devices . 5 %. Danby.env, wp51 danby, 12/ 17/91 9 :28pm b) deteriorated or damaged structures , facilities or mechanical equipment which need reconstruction , replacement or restoration to meet current standards of public health and safety . SECTION VII. Types of Actions . Actions may include projects or physical activities which change the use or appearance of any natural resource or structure or are planning activities of an agency that commit an agency to a course of further decisions , or agency rules , regulations , procedures and policy making , or a combination of any of the above actions . Such actions may be classified as : 1 . Direct actions - directly undertaken by an agency; 2 . Funding actions - involving funding by an agency; 3 . Permitting actions - requiring one or more permits from an agency or agencies . SECTION VIII . Required Forms - Initial Review. 1 . All direct actions , funding actions , or permitting actions to be carried out , funded or approved by any agency , board , body , or officer of the Town shall require the preparation of: a) an EAF if a Type I action or if an Unlisted Action where a S /EAF would not provide the lead agency with sufficient information on which to base its determination of significance . b) a S /EAF for all other Unlisted actions . If any question on Part II of a S /EAF is answered " Yes " , or , if the lead agency or person designated pursuant to Section IV of this Local Law deems that more detailed information is needed , an EAF is required . 2 . All application materials shall be submitted at least fifteen ( 15) days prior to the meeting of the lead agency at which the application is scheduled to be heard . SECTION IX. Lead Agency . The lead agency shall be determined as follows : 1 . Action involving one agency . Where a single agency : a) has proposed to directly undertake an action which does not require funding or approval of any other agency , or b) has received an application to fund or approve an action over which no other agencies have approval authority , • that single agency shall be called the " lead agency " , and such final designation of lead agency shall be made as follows : i) The Town Board shall be the lead agency with respect to the following : the adoption , the amendment, or change in any zoning law , ordinance, rule or regulation governing the use of land and the construction , alteration or 6 eau„y . �uv , wl,� I dau[y , I _• 1 !, 11 el 1. maintenance of improvements to real property ; the amendment or changing of the Town Zoning Map ; the abandonment of a Town highway or highways , or any portion thereof; the construction or expansion of Town buildings , structures and facilities within the Town ; the purchase, sale or lease of real property by the Town . ii) The Zoning Board of Appeals shall be the lead agency with respect to interpretation of all zoning laws , ordinances , rules or regulations when such interpretations occur in the course of hearing appeals pursuant to the terms of the Town 's Zoning Ordinance, and shall also be the lead agency with respect to the granting of variances . iii) The Planning Board shall be the lead agency with respect to subdivision approvals , site plan approvals , and special permits . 2 . Action involving Multiple Agencies . Where an agency has proposed to directly undertake an action or has received an application for an action requiring funding or approval by more than one agency , the agency may conduct an uncoordinated review of the action or the " Lead Agency ” shall be determined in accordance with Part 617 . 3 . Where the lead agency cannot be determined by application of the above guidelines and all involved agencies are Town agencies , the Town Board shall designate the lead agency , unless any provisions of the Environmental Conservation Law , or any rules and regulations adopted by the Department of Environmental Conservation supersede or prevail in this respect over this Local Law . SECTION X . Determination of Environmental Significance. 1 . After being duly designated , the lead agency shall make a determination of environmental significance pursuant to Part 617 . All determinations by the lead agency shall be by resolution duly adopted by the lead agency . 2 . Such determination of environmental significance shall be one of the following : a) Negative Declaration of Environmental Significance . Upon a determination having been made and filed that the proposed action will not have a significant effect on the environment, the action shall be processed without further regard to SEQR , Part 617 or this Local Law . b) Conditioned Negative Declaration of Environmental Significance . Upon a determination having been made , filed and published that the action , as initially proposed , may result in one or more significant adverse environmental effects , but that mitigation measures , identified and required by the lead agency pursuant to the procedures in Part 617 , will modify the proposed action so that no significant adverse environmental impacts will result , the action will be processed as a negative declaration ; provided , however , that no comments are received during the public comment period which would require the submission of a D/EIS pursuant to Part 617 . A conditioned negative declaration can only 7 • • Danby.env, wp51 danby, 12/ 17/91 9 :28pm be given for an Unlisted Action in which a full EAF has been prepared and coordinated review has been undertaken . c) Positive Declaration of Environmental Significance . Upon a determination having been made and filed that the proposed action may have a significant effect on the environment , the applicant and all other involved agencies shall be notified in accordance with Part 617 that a D/EIS is required . SECTION XI . Negative Declaration of Environmental Significance . A Negative Declaration of Environmental Significance shall be prepared , filed and mailed as prescribed in Part 617 . SECTION XII. Conditioned Negative Declaration of Environmental Significance. A Notice of Negative Declaration of Environmental Significance shall be prepared , filed and published in the Environmental Notice Bulletin pursuant to Part 617 . The Notice shall state that the conditioned negative declaration has been issued , what conditions have been imposed and the length of the comment period established by the lead agency . In no case shall the comment period be less than 30 days . Notwithstanding the above, a D/EIS shall be prepared if any of the conditions set forth in Part 617 relating to Conditioned Negative Declarations are met within the public comment period . SECTION XIII . Positive Declaration of Environmental Significance . 1 . If the lead agency makes a Positive Declaration of Environmental Significance, thus requiring that a D/EIS be prepared , the matter shall be processed as provided in Part 617 . 2 . In the case of an application for approval or funding , the D/EIS shall be prepared by the applicant or by the agency , at the option of the applicant . The applicant shall notify the agency within 30 days of the filing of the Notice of Positive Declaration as to whether the applicant or the agency shall prepare the D/EIS . If the applicant does not elect to prepare the D/EIS , the agency shall prepare it, cause it to be prepared , or terminate its review of the proposed action . Upon receipt of the D/EIS , the lead agency shall determine by resolution whether to accept the D/EIS as satisfactory as to scope, form and adequacy . 3 . Upon the adoption by the lead agency of a resolution to accept the D/EIS , the lead agency shall file a Notice of Completion of the D/EIS in accordance with the requirements provided in Part 617 . 4 . All time limits applicable to the processing of a D/EIS and EIS shall commence to run on the date of filing of the Notice of Completion of the D/EIS . SECTION XIV. Time Limits . 1 . An application , shall be deemed received for the purposes of Part 617 when the lead agency has deemed the application , along with pertinent environmental forms , to be complete . 2 . An application for a permit or funding shall be deemed complete insofar as the SEQR process has been completed when , as is appropriate in each case , one of the following events occurs : 8 • • '10 ' Danby .env , wp51 danby, 12/ 17/91 9 :28pm I +� a) The action has been determined to be Exempt, Excluded , or a Type II action . b) A Negative Declaration of Environmental Significance has been issued and such declaration has been filed pursuant to Part 617 , if required . c) A Conditioned Negative Declaration of Environmental Significance has been issued and such declaration has been duly filed and published pursuant to Part 617 ; provided that no comments have been received within the comment period which would require the submission of a D/EIS pursuant to Part 617 . d) A written findings statement on a final EIS has been approved and filed pursuant to Part 617 , except that the lead agency may , in its sole discretion , determine that an application for funding or approval shall be deemed complete upon the acceptance by the lead agency of a D/EIS as to scope, form and adequacy . SECTION XV . Public Hearings . Public Hearings on the D /EIS shall be held concurrently with any hearings required to be held by other involved agencies to the fullest extent practicable . SECTION XVI . Fees . The fees for review or preparation of an EIS (including a DIES and final EIS) involving an application for approval or funding of an action shall be determined by the lead agency for each such application . The fees shall be based on the actual cost to the Town for reviewing or preparing the EIS , including the cost of hiring consultants , the salary time of Town employees and actual disbursements incurred as a result of the review or preparation of the EIS , but in no event shall the fees be greater than that permitted in Part 617 . The applicant shall pay such fees . At the option of the Town , the Town may request a deposit from the applicant in an amount equal to the reasonable estimate to accomplish such review and /or preparation which shall be paid by an applicant before the application shall be deemed complete and before the Town commences its review and/or preparation . SECTION XVII . Critical Environmental Areas . Critical areas of environmental concern may be designated by the Town Board pursuant to Part 617 . SECTION XVIII . Actions involving Federal Agencies . Environmental review of actions involving a federal agency shall be processed in accordance with the provisions of Part 617 related to same . SECTION XIX . Superseding Prior Legislation . This local law supersedes those portions of any previous Town laws , ordinances , or resolutions dealing with the implementation of SEQR in the Town , except any legislation or resolutions establishing fees if such fee legislation or resolutions provide for fees higher than set forth in this local law . SECTION XX. Partial Invalidity . If any part of this local law is found by a court of competent jurisdiction to be invalid , such finding shall not affect any of the remaining provisions which remaining provisions shall remain in full force and effect. SECTION XXI . Effective Date. This Local Law shall take effect immediately upon its filing in the Office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law . 9 • • I SIG qi . v SUBDIVISION REGULATIONS OF THE TOWN OF DANBY , NEW YORK Adopted by the Town of Danby Planning Board on December 5 , 1991 and Approved by the Town of Danby Town Board on December 11 , 1991 /p/5 ":' TABLE OF CONTENTS ARTICLE I. INTRODUCTION AND ADMINISTRATION 1 Section 100 Authorization 1 101 Purpose 1 102 References and Interpretation 2 103 Applicability 2 104 Administration 3 105 Public Hearings 3 106 Minimum Requirements 4 107 Environmental Review 4 108 Fees 4 109 Violation and Penally 4 110 Appeals and Waivers 5 111 Amendments and Rules 5 112 Separability 6 113 Effective Date 6 ARTICLE II. REVIEW AND APPROVAL PROCEDURES 7 Section 200 General Procedures 7 201 Minor Subdivisions - General Description 7 202 Major Subdivisions - General Description 7 203 Exemption from Subdivision Requirements 8 204 Clustered Subdivisions 8 205 Recreational Open Space Reservation 8 206 Tompkins County Department of Health 8 207 Processing and Review Steps 8 208 Sketch Plan Reviews and Pre-Application Information9 209 Major Subdivisions - Application for Preliminary Plat Approval 9 210 Minor and Major Subdivisions - Application for Final Plat Approval 11 211 Filing of Plats in Sections 13 212 Building Permit Issuance 13 ARTICLE M. SUPPLEMENTAL RULES AND REGULATIONS FOR CLUSTERED SUBDIVISIONS 14 Section 300 Introduction 14 301 General Procedures ' 14 302 General Criteria 15 303 Other Review Considerations 17 ARTICLE IV . RECREATIONAL OPEN SPACE RESERVATION REQUIREMENTS 18 Section 400 General Requirements 18 401 Minimum Standards 19 ARTICLE V . ENVIRONMENTAL CONSERVATION 21 Section 500 Purpose 21 501 General Guidelines 21 502 Erosion Control 22 503 Drainage 23 504 Trees and Other Significant Vegetation 24 ARTICLE VI. ADDITIONAL REGULATIONS 25 Section 600 Layout , Blocks and Lots 25 601 Public Facilities 26 602 Solar Access 26 603 Streets 26 604 Street Improvements 26 605 Reserve Strips Prohibited 28 606 Water Supply and Sanitary Sewerage 28 607 Other Utilities 28 608 Survey Monuments 29 609 Certification of Improvements 29 610 Phased Developments 29 611 Inspections 29 612 Financial Guarantees for Improvements 30 r, ;$:°. II ARTICLE M. SUPPLEMENTAL RULES AND REGULATIONS TOR CLUSTERED SUBDIVISIONS 14 Section 300 Introduction 14 301 General Procedures • 14 302 General Criteria 15 303 Other Review Considerations 17 ARTICLE IV . RECREATIONAL OPEN SPACE RESERVATION REQUIREMENTS 18 Section 400 General Requirements 18 401 Minimum Standards 19 ARTICLE V . ENVIRONMENTAL CONSERVATION 21 11/ Section 500 Purpose 21 501 General Guidelines 21 502 Erosion Control 22 503 Drainage 23 504 Trees and Other Significant Vegetation 24 ARTICLE VI . ADDITIONAL REGULATIONS 25 Section 600 Layout , Blocks and Lots 25 601 Public Facilities 26 602 Solar Access 26 603 Streets 26 604 Street Improvements 26 605 Reserve Strips Prohibited 28 606 Water Supply and Sanitary Sewerage 28 607 Other Utilities 28 608 Survey Monuments 29 609 Certification of Improvements 29 610 Phased Developments 29 611 Inspections 29 612 Financial Guarantees for Improvements 30 / • • ARTICLE VII. DOCUMENTS TO BE SUBMITTED 31 Section 700 Introduction 31 701 Sketch Plan Application 31 702 Preliminary Plat Application 32 703 Final Plat Application 35 APPENDICES A . Definitions 37 / 3 ` • ta . SUBDIVISION REGULATIONS OF THE TOWN OF DANBY , NEW YORK ARTICLE I INTRODUCTION AND ADMINISTRATION Section 100. Authorization . 1 . These regulations shall be known and cited as the " Subdivision Regulations of the Town of Danby, New York " . 2 . The power to approve, approve with conditions , or deny subdivision plats is vested in the Planning Board as provided by these regulations . 3 . The Planning Board is authorized to develop and enforce standards for the control of land subdivision and to approve plats for subdivisions and for new streets within the Town of Danby , and to exercise all other powers delegated to it by the Town Board . I 4 . The Planning Board is empowered at the time of the approval of a plat either to confirm the zoning regulations of the land so platted as shown on the official zoning map of the Town or to make any reasonable change therein , upon following the procedure required by Section 281 of the Town Law . 5 . The Planning Board is authorized to require developers to submit a Clustered Subdivision plan whenever the Planning Board believes that the application of such procedure would benefit the Town . 6 . The authority of the Planning Board to require clustered layouts of subdivisions is limited by the conditions of Article III of these regulations , and by the provisions of Article 16, Section 281 , of the Town Law . 7 . Whenever any subdivision of land is proposed to be made, before any contract for sale, or any offer to sell any lot in such subdivision , and before any building permit is granted for new construction on proposed lots of the subdivision , the subdivider or the subdivider's duly authorized agent shall apply in writing for approval of such proposed subdivision in accordance with adopted current requirements and procedures of the Planning Board . Section 101 . Purpose. 1 . The subdivision regulations are intended to guide and protect the community ' s physical , social , and aesthetic development , and to help the Town of Danby grow in an orderly , efficient, and economical manner which maintains and reflects the individuality of the Town and the character of the Town as a rural community and a beautiful and desirable place in which to live . In no way are the subdivision regulations designed or intended to create a hardship for any person or group . Rather, these regulations are considered part of an overall plan to protect all of the Subdiv. reg, wp51/Danby, 12/17/91 5:55pm citizens of Danby and to aid all who wish to sell or develop a piece of land . 2 . The regulations , standards , and procedures contained herein are developed to ensure the following : A . that the health , safety , and welfare of the Town ' s inhabitants are promoted ; B . that land to be subdivided is suitable for building purposes without creating dangers to health or peril from fire, flood , or other menace; C . that all proposed lots be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties and with the character and contour of the land ; D . that proper provision is made for drainage, water supply , sewerage, highways , open space, and other needed improvements ; E . that all proposed streets compose a convenient system and shall be of such width , grade, and location as to accommodate the prospective traffic, and to facilitate access for emergency services and fire fighting equipment to all buildings ; F . that proper provision is made for parks , playgrounds , and significant open space; G . that there is optimum overall conservation , protection , development , and use of the environmental resources of the Town of Danby . Section 102 . References and Interpretation . 1 . References herein to articles , sections , subsections , and paragraphs are to those parts of these regulations , unless context indicates otherwise. 2 . For the purposes of these regulations , the language set forth shall be interpreted through reference to certain terms and their meanings in Appendix A , " Definitions " . If not specifically defined in that Appendix , words and phrases shall be interpreted as set forth in the Town of Danby Zoning Ordinance, and otherwise so as to give them the meaning they have in common usage and to give these regulations the most reasonable application . 3 . Construction . For the purposes of these regulations , the language set forth shall be interpreted according to the following rules of construction : A . The singular includes the plural . B . The plural includes the singular . C . The word " shall " means the action is mandatory . D . The words " may " or " should " mean the action is elective . E . Any masculine words include feminine words . Section 103 . Applicability . • 1 . These subdivision regulations shall apply to any person , partnership , association , joint venture, or corporation who wishes to effect a subdivision after the effective date of these regulations . 2 • / It3 Subdiv. reg, wpSJ /Danby, 12/17/91 5:55pm 2 . Any subdivision validly existing in the Town of Danby prior to the adoption of these regulations but which does not meet the standards for subdivisions as described in these regulations and which is not, as yet, developed shall be exempt from complying with such regulations . Section 104 . Administration . 1 . These regulations shall be administered by the Planning Board in cooperation with the Town Board and other agencies , and shall be enforced by the Code Enforcement Officer and by any other agent that the Town may designate. Any applicant for subdivision approval or other person who is aggrieved by a requirement or determination of the enforcing officer or agent affecting the interpretation , applicability , compliance with or enforcement of any of these regulations may appeal to the Planning Board for a review of the requirement or determination by the Planning Board in accordance with the provisions of Section 110 hereof entitled " Appeals and Waivers . " 2 . Whenever any subdivision of land is proposed to be made, the subdivider or his agent shall apply in writing to the Planning Board for the approval of the subdivision . This application shall conform to the specifications set forth in these regulations . 3 . Until the Planning Board has given final approval of any application for the approval of a subdivision , and the subdivision map has been filed in the offices of the Tompkins County Clerk and the Town of Danby Town Clerk bearing the approval of the Town Planning Board and all other required endorsements and complying with these regulations and all requirements of law , no building permit for construction or other work on the property shall be issued nor shall such permit be valid if erroneously issued , and no lot in the subdivision shall be sold . Any such action or any work done on or with respect to the lands in the subdivision or any expenses incurred prior to final approval shall be at the peril of the owner of the land or the applicant and shall not give rise to any claim for damages by the landowner or applicant. Section 105 . Public Hearings . 1 . Notice of public hearing shall be published in a newspaper of general circulation in the Town of Danby at least five (5) days before the Planning Board meeting at which the application is to be considered , and shall comply with the requirements of Section 276 of the Town Law . • 2 . Advertising or publishing the notice, in accordance with the provisions of law , is the only notice legally required . 3 . However, in order to promote public information and participation in subdivision approval procedures , the Planning Board may direct the Planning Board Secretary or other authorized person , or the applicant, to make reasonable efforts to notify owners of property adjacent to and abutting any boundary of the land proposed for subdivision or owners of land in the immediate vicinity of the proposed subdivision and others who have such standing as will support their 3 • . 4 11115: . . Subdiv. reg, wp51/Danby, 12/17/91 S:SSpm interest in the subdivision or site plan . Failure to give any such notice shall not invalidate in any manner any action or determination by the Planning Board , nor shall such failure be a basis for any proceeding or action against any officer, official or employee, or a member of the Town Board or Planning Board . Section 106 . Minimum Requirements . 1 . In their interpretation and application , the provisions of these regulations shall be held to be minimum requirements , adopted for the promotion of public health , safety , and general welfare . 2 . Nothing in these regulations shall prohibit the subdivider from placing additional restrictions , not in violation of these regulations , on lots within the subdivision . Section 107. Environmental Review . 1 . The subdivider may be required , at any stage of the application for subdivision approval , to furnish such information , data , maps , reports or other documents which the Planning Board , or its authorized agency , may require for environmental review procedures including all requirements of the State Environmental Quality Review Act ( " SEQR " ) , and any local law implementing SEQR in Danby , as any of these may be amended from time to time, or any other applicable rule, regulation, code or law . 2 . The Planning Board will usually act as the lead agency for the environmental review of subdivisions within the Town of Danby , although the subdivider may also be required to obtain approvals or permits from other agencies , such as the Town of Danby Town Board or Board of Appeals , or from the Tompkins County Health Department, prior to final approval of the project. Section 108 . Fees . 1 . The Town Board shall by resolution from time to time set a fee schedule for the review and processing of subdivision applications and for the inspection of subdivisions . 2 . The Code Enforcement Officer or such other agent as the Town Board may designate shall calculate the fee for each application . Each fee shall be paid to the Town Clerk , or other authorized agent who shall issue a receipt stating the purpose of the payment. This receipt must be filed with the application as evidence of payment . Section 109. Violation and Penalty . 1 . Any person , firm , or corporation who commits an offense against, disobeys , neglects , or refuses 4 • • / . o Subdiv. reg, wp51/Dan by, 12/17/91 5:55pm to comply with or resists the enforcement of any of the provisions of the Subdivision Regulations of the Town of Danby , New York shall , upon conviction , be deemed guilty of a violation . A violation of these regulations is an offense and shall be punished by fine, or by imprisonment, or both . Each week an offense is continued shall be deemed a separate violation of this law . 2 . In addition to the penalties provided by statute, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this law . Section 110 . Appeals and Waivers . 1 . The appeal by an aggrieved person for a review of the determination of the Code Enforcement Officer as provided for in Section 104 of these regulations shall be made in writing, shall set forth in a reasonably concise manner the determination from which an appeal is made and a full statement of the particulars and reasons why the subdivider believes the appeal should be reviewed in such detail on such forms as may be required by the Planning Board . Such appeal must be filed with the Secretary of the Planning Board at least twenty (20) days prior to the meeting of the Planning Board at which the appeal shall be heard . The Planning Board at its sole discretion may waive the aforesaid requirement and permit an appeal to be reviewed in a shorter period of time . The Planning Board shall render its decision in writing within 45 days of the meeting at which the appeal is reviewed . 2 . When the strict application of any of the specifications and provisions of these regulations will cause unnecessary or significant hardship or practical difficulties , the Planning Board may waive any such specification or other provision so that substantial justice may be done and the public interest secured , provided that the Planning Board determines that neither a significant alteration of the purpose of subdivision control is made, nor the policy enunciated or implied by the Town Board in approving these regulations is impaired . In granting waivers , the Planning Board shall also require such conditions as will , in its judgment, secure substantially the objectives of the standards or requirements so waived . Whenever any such waiver is granted , a copy thereof must be filed with the Town Clerk who shall then distribute copies to the members of the Town Board . 3 . An appeal from any determination of the Planning Board shall be made in accordance with the requirements of Article 78 of the New York Civil Practice Law and Rules , and within the time limits set forth therein or in Town Law , whichever are shorter . Section 111 . Amendments and Rules . 1 . These regulations may be amended from time to time by the Planning Board with the approval of the Town Board . 5 , . 11 , Subdiv. reg, wp51/Danby, 12/17/91 5:S5pm Section 112 . Separability . 1 . A final determination by a court of competent jurisdiction that any one or more of the provisions of these regulations are illegal , unconstitutional or otherwise void shall not affect the validity of all other provisions and such other provisions shall continue to be enforceable and in full force and effect . Section 113 . Effective Date. 1 . These regulations shall be effective upon approval by the Town Board . The Planning Board may direct that a notice of adoption be published in a newspaper of general circulation in the Town within ten ( 10) days following such effective date . • 6 e Subdiv. reg, wpSl/Danby, 12/17/91 S:SSpm L ARTICLE II REVIEW AND APPROVAL PROCEDURES Section 200. General Procedures . 1 . The procedures for Sketch Plan , Preliminary Plat, and Final Plat review shall be as provided for in these regulations and Town Law , Sections 276 through 281 as they may from time to time be amended . All application materials and other necessary information shall be in full compliance with the provisions of Town Law and these regulations except where variations therefrom may be specifically authorized by the Planning Board . 2 . Any action or determination of the Planning Board approving an application , in whole or in part , whether final or preliminary , shall be revocable , in whole or in part, if the action or determination was made in reliance on any misrepresentation , concealment, or fraudulent act or statement by the applicant or was based on a mistake as to a material matter . Section 201 . Minor Subdivisions - General Description . 1 . A Minor Subdivision is any subdivision of land , after the effective date of these regulations , into at least two (2) but not more than four (4) lots , parcels , or sites and which does not require the construction of a new street or public water or sewer utility or the expansion or extension of an existing street or public water or sewer utility . Any subdivision which involves such improvement or which includes more than four (4) lots shall be considered a Major Subdivision unless exempted pursuant to the provisions of Section 203 . 2 . If subsequent to the effective date of these regulations four (4) lots are subdivided out of the same parent parcel through minor subdivisions , any further subdivision of the same parent parcel may be classified by the Planning Board as a Major Subdivision . In such event, such further subdivision shall require Preliminary Plat and Final Plat approval and submission of all data required for such approval , and the Planning Board may require plans and designs for the prior four (4) lots . Section 202 . Major Subdivisions - General Description . 1 . A Major Subdivision is any division of land , after the effective date of these regulations , into more than four (4) lots , or any division of land into two (2) or more lots which requires the construction of a new street or public water or sewer utility . Any subdivision which cannot be classified as a Minor Subdivision shall be regarded as a Major Subdivision unless exempted . 7 yam; I ' I\y Subdi v. reg, wpS1/Darby, 12/17/91 5:55pm Section 203 . Exemption from Subdivision Requirements . 1 . A subdivision which does not involve extending an existing or creating a new public road or utility , and does not include any lots of five (5) acres or less in area, shall be exempt from these regulations . Section 204. Clustered Subdivisions . 1 . A subdivider may request, or the Planning Board may require, the use of a Clustered Subdivision design, in which case the subdivider may be required to present along with the Clustered Subdivision proposal in accordance with the provisions of Town Law Section 281 and of Article III herein , a sketch plat of a Conventional Subdivision . Section 205. Recreational Open Space Reservation . 1 . The Planning Board may require the reservation of a portion of a subdivision for recreational open space, pursuant to the provisions of Article IV . Section 206. Tompkins County Department of Health . 1 . Tompkins County Department of Health approval may be required for any subdivision containing five (5) or more lots . In some instances , approval by that Department may be required for less than five (5) lots . Early contact by the subdivider with this department is advised . Section 207 . Processing and Review Steps . 1 . Minor Subdivisions shall be processed in the following steps : A . At the option of the applicant, a Sketch Plan conference . B . Application for Final Plat approval . C . Planning Board review of Final Plat . D . Public Hearing . E . Planning Board action on Final Plat . 2 . Major subdivisions shall be processed in the following steps : A . At the option of the applicant, a Sketch Plan conference with the Planning Board and/or the Town Board . B . Application for Preliminary Plat approval . C . Planning Board review of Preliminary Plat . D . Public Hearing . E . Planning Board action on Preliminary Plat . 8 Subdiv. reg, wpSl/Danby, 12/17/91 5:55pm JY ., F . Town Board consideration of acceptance of proposed location and maintenance of any public roads and other facilities . G . Application for Final Plat approval . H . Planning Board review of Final Plat . I . Public Hearing (optional) . J . Planning Board action on Final Plat . Section 208 . Sketch Plan Reviews and Pre-Application Information . 1 . At the option of the applicant, the applicant may present preliminary ideas in the form of a sketch plat to the Town staff for their comments and evaluation prior to the scheduling of a Planning Board meeting . The requirements for the Sketch. Plan application submission are set forth in Article VII . 2 . The subdivider should inquire of the Code Enforcement Officer as to the overall requirements of these regulations . That Officer will be available to help the subdivider understand the improvements and restrictions which the Planning Board could be expected to impose upon the development, as presented . The Officer and the subdivider should work together to ensure that the project will meet the requirements of these regulations as well as any additional requirements the Planning Board may impose . 3 . If the subdivision is complex or extraordinary in scale, the applicant may present informally the Sketch Plan to the Planning Board and/or Town Board for each Board 's comments prior to the preparation of a Preliminary or Final Plat. This Sketch Plan review may save the subdivider time and expense in the planning and design of the project . . 4 . Subdivisions classified as Minor may , at the applicant's option based on initial conference or Sketch Plan review, proceed directly to preparation of a Final Plat without submission and approval of a Preliminary Plat . Section 209 . Major Subdivisions - Application for Preliminary Plat Approval . 1 . Filing . All major subdivisions shall be subject to the Preliminary Plat requirements specified herein , unless otherwise specifically exempted . 2 . Application . The subdivider shall file an application for the consideration of a Preliminary Plat on forms available from the Town Clerk accompanied by all documents specified in Article III herein . The application shall be filed at least twenty (20) days prior to the meeting at which it is to be considered by the Planning Board . 3 . Study of Preliminary Plat . The subdivider , or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the Preliminary Plat . The Plat shall be reviewed for 9 / (.c' � •, . . Subdiv. reg, wp51/Danby, 12/17/91 5:55pm compliance with any Sketch Plan plus required modifications , with the provisions required elsewhere in these regulations , and with any other applicable laws , rules , and regulations . 4 . Public Hearing for Preliminary Plat . Following the review of the Preliminary Plat and supplementary material submitted for conformity to this law , and following discussions with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him , the Planning Board shall hold a public hearing . This hearing shall be held within forty-five (45) days of the official submission date of the Preliminary Plat, except as such schedule may be modified for compliance with SEQR, N . Y . S . General Municipal Law Sections 239-1 and -m , and other laws and regulations . The hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five (5) days before the hearing . In addition a similar notice of the public hearing shall be mailed by the subdivider to all owners of property contiguous to the boundaries of the property under consideration . For this purpose properties directly across any street shall be included as contiguous properties . Such notice shall be mailed no less than 7 days prior to the public meeting . Proof of such mailing shall be filed with the Board hearing such application prior to the holding of the public hearing . When the Planning Board determines that a particular subdivision involves issues that may significantly impact on land that is not immediately contiguous to the property under consideration , the Board may direct the applicant to provide notice of the hearing to any person owning land within 500 feet (or such lesser distance as the Planning Board may determine) of the perimeter of the boundary of the property under consideration . 5 . Action on Preliminary Plat . Within forty-five (45) days after the public hearing for the Preliminary Plat , the Planning Board shall approve , with or without modifications , or disapprove the preliminary plat and state the reasons for modifications or disapproval in the Planning Board records . The time in which the Planning Board must take action may be extended for good cause and upon mutual consent of the subdivider and the Planning Board . 6 . Actions on Preliminary Hat . Following Preliminary Plat approval , the subdivider may proceed to stake out roads and lots , to prepare final plans and any engineering plans showing information and data required by these regulations and other applicable provisions of law . The subdivider shall also furnish such other information as may be lawfully and reasonably required by the Planning Board . 7 . Requirement of Final Plat Approval . Approval of a Preliminary Plat shall not constitute approval of the Final Plat . The Preliminary Plat shall be a guide to the preparation of the Final Plat . The act, in itself, of the Planning Board in granting Preliminary Plat Approval shall not be interpreted to create a presumption , or in any way imply , that the Planning Board will give final approval to the subdivision if all conditions contained in the preliminary approval have not been met to the satisfaction of the Planning Board or if the Planning Board determines that the subdivider has not met all other requirements of any applicable rule, regulation , code or law or any other require- ments which the Planning Board may reasonably impose before any final approval is given . 10 T : , Subdi v. reg, wpSl/Danby, 12/17/91 5:55pm Section 210 . Minor and Major Subdivisions - Application for Final Plat Approval . 1 . Applicability . All Minor and Major Subdivisions shall be subject to the Final Plat requirements , as specified herein . 2 . Application . The subdivider shall file an application for the consideration of a Final Plat on forms available from the Town Clerk accompanied by all documents specified in Article VII herein . The application shall be filed at least twenty (20) days prior to the meeting at which it is to be considered by the Planning Board . 3 . Time of Application . If the application for Final Plat approval is not submitted within six (6) months after the approval of the Preliminary Plat, the Planning Board may refuse to approve the Final Plat and may require resubmission of the Preliminary Plat. 4 . Public Hearing . Unless waived as set forth below , a public hearing shall be held by the Planning Board within 45 days from the date that a completed Final Plat application is filed , except as such schedule may be modified for compliance with SEQR , N . Y . S . General Municipal Law Sections 239-1 and -m , and other laws and regulations . The hearing shall be advertised at least once in a newspaper of general circulation in the Town at least five (5) days before the hearing and if a Major Subdivision , notice shall also be mailed to landowners in the same manner as notice of a public hearing on the Preliminary Plat Approval application . I . 5 . Waiver of Public Hearing . The Planning Board may waive the requirement for the public hearing on the Final Plat when the Planning Board deems the Final Plat to be in substantial agreement with the Preliminary Plat and with any modifications required as conditions of the Preliminary Plat approval . 6 . Action on Final Plat. The Planning Board shall by resolution approve, conditionally approve with or without modification , or disapprove the Final Plat, with any reasons for modification or disapproval stated in the Planning Board records . This action shall occur within 45 days from the date of the public hearing on the Final Plat, or within 45 days after receipt of the completed Final Plat application by the Town Clerk if no hearing is held . The Planning Board may also , for good reason , cause the extension of this review period . The subdivider shall be notified of the final action of the Planning Board by mail within 5 days of such action . 7 . Additional Requirements for Approval of Final Plat . Such approval shall , however, not be deemed final until the subdivider has complied , where applicable, with the provisions of the following paragraphs : . A . The subdivider shall tender " offers of cession " , in a form certified as satisfactory by the Town Attorney , of all land included in streets , highways or other public improvements . However, approval of the plat by the Planning Board shall not constitute acceptance by the Town Board of any street, highway , or other public improvements . 11 �5 - . Subdiv. reg, wp51/Danby, 12/17/91 S:SSpm . II B . The subdivider shall obtain and file with the Planning Board a letter from the Tompkins County Department of Health indicating satisfactory design compliance with any applicable provisions of the Tompkins County Sanitary Code or other State or local law or regulation . 8 . Conditional Approval of Final Plat . • At the time of a resolution granting conditional approval to a Final Plat, the Planning Board shall empower a duly authorized officer of the Planning Board (Chairperson or Acting Chairperson) to sign the plat subject to completion of the requirements stated in the resolution . Upon completion of the requirements , the plat shall be signed by said duly authorized officer . The subdivider has 180 days to satisfy the requirements on which the approval has been conditioned and obtain the certification of the designated officer . This period may be extended by the Planning Board if in its opinion , circumstances warrant an extension , for up to two 90-day periods beyond the 180 days . 9 . Filing of Final Plat . Upon completion of any requirements imposed by the Planning Board as part of Final Plat approval , and notation to that effect upon the Final Hat, the Plat shall be deemed to have final approval and shall be properly signed by the appropriate officer of the Planning Board . Said signed Plat shall be filed in the Office of the Tompkins County Clerk . Any Plat not so filed or recorded within sixty (60) days of the date upon which such Plat is approved or considered approved by reasons of the failure of the Planning Board to act, shall become null and void . No Plat shall be accepted for filing by the Tompkins County Clerk unless it has been duly approved by the Planning Board in accordance with these regulations . 10 . Modifications of the Final Plat . ' A . If there are modifications of the final plat requested by the subdivider subsequent to its filing in the office of the County Clerk, such requests shall be made in writing to the Chairperson of the Town Planning Board (or such other person such as the Code Enforcement Officer duly authorized by resolutions of the Planning Board and Town Board) , who is hereby empowered to approve minor, practical modifications on behalf of the Planning Board . The Chairperson (or other person so authorized to make changes) shall report any modifications approved by such person to the Planning Board at its next regularly scheduled meeting . Approval of said modifications shall be noted by that Chairperson on the amended plat and the amendment should be filed in the office of the Tompkins County Clerk . B . When , in the opinion of the Chairperson of the Town Planning Board , the requested modifications are substantial in nature, scope or extent, and materially affect the sub- division plat as approved by the Planning Board , the subdivider shall not proceed without the approval of the Planning Board . Such approval may be granted at any public meeting of the Board called for this purpose . Upon approval of such modifications , the authorized officer of the Planning Board (Chairperson or Acting Chairperson) shall so note on the resubmitted plat before its filing as an amended plat . 12 f .. • Subdiv. reg, wpSI/Danby, 12/17/91 5:55pm • C . No changes , erasures , modifications , or revisions shall be made on any Final Plat after approval has been given by the Planning Board and endorsed in writing on the Plat, unless said Plat is first resubmitted and modifications are approved as provided for in this section . Section 211 . Filing of Plats in Sections . 1 . Prior to granting conditional or final approval of a plat in final form, the Planning Board may permit the plat to be subdivided into two or more sections and may in its resolution granting conditional or final approval state such requirements as it deems necessary to insure that the orderly development of the plat be completed before such sections may be signed by the duly authorized officer of the Planning Board . Conditional or final approval of the sections of a plat, subject to any conditions imposed by the Planning Board , shall be granted concurrently with conditional or final approval of the plat. 2 . In the event the subdivider shall file only a section of such approved plat in the office of the Tompkins County Clerk, such section shall be filed with the Town Clerk within thirty (30) days of the filing of such section Such section shall encompass at least ten ( 10) percent of the total number of lots contained in the approved plat and the approval of remaining sections of the approved plat shall expire unless said sections are filed before the expiration of the exemption period to which such plat is entitled under the provisions of Section 265-a of Town Law . Section 212 . Building Permit Issuance. 1 . The Code Enforcement Officer shall not issue a building permit or Certificate of Occupancy for any structure on any lot in the subdivision , unless the approved Final Plat is filed in the office of the Tompkins County Clerk and the office of the Town of Danby Town Clerk , and until any other pertinent requirements have been met. 13 Subdiv. reg, wp51/Danby, 12/17/91 5:55pm ARTICLE III SUPPLEMENTAL RULES AND REGULATIONS FOR CLUSTERED SUBDIVISIONS Section 300 . Introduction . 1 . The Town Board has empowered the Planning Board to modify applicable provisions of the Zoning Ordinance in the review and approval of subdivision plats , as provided in Town Law Section 281 and as supplemented by the procedures and standards herein . 2 . The purpose of such authorization is to enable and encourage flexibility of design and development of land in a manner that promotes the most appropriate use of land , facilitates the adequate and economical provision of streets and utilities , and preserves the environment and the natural and scenic qualities of open lands . 3 . A subdivider may request the use of Town Law Section 281 , or the Planning Board may require a subdivider to use this procedure, if, in the Planning Board ' s judgment, such use would benefit the Town . 4 . The provisions of this article shall not be deemed to authorize a change in the permissible use of such lands as provided in the Town Zoning Ordinance. 5 . No subdivision shall be approved by the Planning Board pursuant to this article which shall not reasonably safeguard the appropriate use of adjoining land or which shall not be consistent with the purpose and intent of the Zoning Ordinance or the purpose of these regulations . Section 301 . General Procedures . 1 . At the option of the subdivider, two (2) alternative Sketch Plats , one showing a conventional layout and one showing a clustered layout , may be submitted for Sketch Plat review by the Planning Board . 2 . Following review of the alternative Sketch Plats for conventional and clustered layout , the Planning Board shall determine whether such information is adequate to determine the maximum permissible density pursuant to the procedures of Town Law Section 281 . Upon a determination that such information is adequate the Planning Board may grant conceptual approval to one of said alternative plats , and may condition that approval on plan modifications , and the subdivider shall be permitted to proceed with an application for Preliminary or Final Plat approval . 3 . Subsequent to such conceptual approval , the Preliminary and Final Plat application requirements set forth in Article VII shall apply , except that, in addition , a clustered site plan meeting the requirements of Town Law Section 281 shall accompany such application , along with a statement 14 Subdiv. reg, wpS1/Danby, 12/17/91 5:55pm describing proposed modifications or supplementations of Zoning Ordinance requirements . 4 . Such clustered site plan shall show areas within which structures may be located , maximum height and minimum spacing of buildings , proposed open spaces and their landscaping , off-street open and enclosed parking spaces , streets , driveways , and other physical features as may be required by the Planning Board . 5 . The Planning Board may require that a clustered development plan be made simultaneously , or subsequent to , presentation or approval of a Preliminary Plat. In such case, the Planning Board may require a Clustered Subdivision Plat and clustered site plan to be prepared and presented alone or in conjunction with a conventional plat as part of the Preliminary Plat application . 6 . Determination on voluntary or required applications under this part shall be made by the Planning Board based on the Sketch Plan , the Preliminary Plat , the clustered site plan , and on other information required by these regulations , Town Law Section 281 , SEQR , and other applicable regulations . 7 . When the subdivider presents to the Planning Board a conventional Preliminary Plat, the Planning Board may grant Preliminary Plat approval for a given number of units , contingent upon all or part of those units being clustered in a Final Plat acceptable to the Planning Board . 8 . In the event the Planning Board grants Preliminary Plat approval to a conventional subdivision plan , the subdivider shall have the option of submitting a Clustered Subdivision Plat prior to Final Plat approval . In this case, the Planning Board shall schedule a public hearing prior to Final Plat approval in order to consider the Clustered Subdivision proposal . 9 . When the subdivider proposes to develop a portion of the property as a conventional subdivision and a portion as a clustered subdivision , the Planning Board may approve, modify and approve, or disapprove the proportions of the project and locations which shall be developed conventionally or be clustered . 10 . Both the Final Plat and the Clustered Site Plan as finally approved by the Planning Board shall be filed in the offices of the Tompkins County Clerk and the Town of Danby Town Clerk . Upon such filing, the Town Clerk shall make appropriate notations and reference thereto in the Town Zoning Ordinance or Zoning Map . Section 302 . General Criteria . 1 . Minimum Gross Area . The minimum gross area for any clustered subdivision proposal shall be five (5) acres . Clustered subdivisions may be permitted in any zoning district of the Town of Danby . 2 . Determination of Residential or Nonresidential Density . 15 Subdiv. reg, wpS1/Danby, 12/17/91 S:SSpm A . To determine the number of dwelling units or the size and number of nonresidential buildings or lots permitted to be clustered , the Planning Board may require the subdivider, as part of the Sketch Plat or the Preliminary Plat review process , to prepare a conventional subdivision plat which meets all standards of the Zoning Ordinance and Subdivision Regulations . . B . The number of dwelling units or nonresidential buildings permitted in a clustered subdivision may in no case exceed the number otherwise permitted in a Conventional Subdivision , in the Planning Board ' s judgment, calculated by application of the appropriate sections of the Zoning Ordinance . C . The Planning Board may restrict the subdivider to a lesser number of dwelling units or nonresidential buildings if the Planning Board judges that particular conditions of the site warrant such restriction . D . In calculating the maximum allowable density , and in considering a Clustered Subdivision , the Planning Board may exclude areas which , in the opinion of the Board , are unsuitable for construction of the proposed development because of excessive slopes , poor drainage, or other considerations which may be injurious to the health , safety, and welfare of the community . E . The number of dwelling units or the size and number of nonresidential buildings allowed in any Clustered Subdivision shall not exceed the number determined by the Planning Board as shown on the Sketch Plat , except as such total number may be modified by the Planning Board following the additional review of a Preliminary Plat or other information . 3 . Recreational Open Space . The requirements of Article IV , pertaining to recreational open space reservation, shall apply . 4 . Buffer Area Requirements . A . Buffer areas between buildings in a clustered subdivision and the boundaries of adjacent property shall be at least equal to the minimum rear yard setbacks required by the Zoning Ordinance for the site in which the proposed subdivision is located . B . The Planning Board may require a buffer area at least forty (40) feet wide between the street line of any preexisting public road and the rest of the Clustered Subdivision . C . The Planning Board may also require the subdivider to provide adequate landscaping within the buffer area . D . Parking spaces shall be forbidden in the buffer area . 5 . Building Configuration . A . In the case of a residential subdivision , the Planning Board may allow the permitted number of dwelling units to be clustered in detached , semi-detached , or attached struc- tures . 16 . • ;# • 1 _ -j " . • r Subdiv. reg, wp51/Danby, 12/17/91 5:55pm B . No more than six semi-detached or attached dwelling units shall be permitted in any one structure. C . No building or other structure shall exceed the maximum height requirement of the Zoning Ordinance. D . Distances between structures containing dwelling units shall be no less than thirty (30) feet. Section 303 . Other Review Considerations . 1 . General Considerations . General considerations which the Planning Board may use in order to determine the number of dwelling units or lots which may be developed in any clustered subdivision include but are not limited to the following : A . Whether such development would be substantially and materially injurious to the ownership , use and enjoyment of other property in the vicinity or neighborhood ; B . Whether such development would impede the orderly development of land in the vicinity or neighborhood , and whether such use would be appropriate in appearance and in harmony with the existing or intended character of such land in the vicinity or neighbor- hood ; C . Whether the street system and off-street parking facilities could handle the expected traffic in a safe and efficient manner and not place an undue burden on existing roads ; D . Whether natural surface drainageways would continue to work effectively ; E . Whether water supply and sewage or other waste disposal facilities are adequate; F . Whether the environmental quality of the proposal , in terms of site planning , design , and landscaping, would be compatible with the character of the neighborhood ; G . Whether the lot configuration , access , parking , and loading facilities are sufficient for the proposed activities ; H . What effect the density of such clustered construction and use will have on the appearance and maintenance of open spaces in the neighborhood . 2 . Regulation of Exterior Characteristics . In the course of clustered subdivision plat review , the Planning Board may regulate the exterior characteristics of any proposed structures or uses in order that the development shall be, in the judgment of the Planning Board , compatible with the surrounding community . Factors which may be considered in this judgment include , but are not limited to the following : A . Views to be afforded present owners of private property , or legal users of public property , in the vicinity of the proposed clustered subdivision ; B . The description and nature, including size, shape, and color , of materials to be used on the exteriors of proposed structures and in other exterior areas ; C . Ambient noise incidental to the normal activity in the project after its completion , or extraordinary noise incidental to the construction of the project; D . The phasing plan proposed by the subdivider, if the development is to be built in stages . 17 • 7 !.. • Subdiv. reg, wpS1/Danby, 12/17/91 S:SSpm ARTICLE IV RECREATIONAL OPEN SPACE RESERVATION REQUIREMENTS • Section 400 . General Requirements . 1 . The Planning Board may require that land containing usable open space be reserved within subdivisions for parks , playgrounds , and other active or passive recreational purposes . 2 . In the review of applications for both Major and Minor Subdivisions , consideration shall be given to the allocation of areas suitably located for recreational open space purposes to benefit the residents of the subdivision or the neighborhood , and made available by one or a combination of the following methods : A . Dedication to the Town or an approved conservation agency . i . The subdivider may transfer the deed of the open space area to the Town or to a conservation agency approved by the Planning Board and Town Board with provisions limiting the use of such area exclusively for recreational open space, or for preserved open space with accessory recreational use . ii . If the Town Board approves a dedication to the Town , it shall assume the responsibility of developing and maintaining the open space area . iii . In the event of a proposed dedication to an approved conservation agency, and upon determination by the Planning Board and the Town Board that sufficient public benefit would accrue from such dedication , suitable agreements related to the responsibility of open space development and maintenance shall be subject to Town Board approval . B . Reservation of land for use by the subdivider or by other property owners in the subdivision , by deed or covenant. i . The subdivider may develop and maintain the open space area, and may develop a deed or other suitable instrument which specifically limits the use of said area to recreational and other open space uses . ii . In such case the subdivider shall submit a written statement along with the Preliminary Plat Application , describing how he intends either a . to retain the land reservation in his ownership , and describing how he will guarantee that appropriate maintenance is provided in perpetuity , or b . to establish a homeowners ' association or other arrangement in the subdivision which will assume ownership of the land and the responsibility for its development , maintenance, and legal liability . iii . Such statement shall be subject to approval by the Planning Board and the Town Board . 18 Subdi v. reg, wp51/Danby, 12/17/91 5:55pm C . Reservation for acquisition by the Town or another approved agency within a reasonable period of time. If such an arrangement is determined to be sufficient to meet the purposes of recreational open space reservation , such reservation shall be made in such manner as to provide for a release of the land to the subdivider in the event that the Town or other approved agency does not proceed with the acquisition . D . Payment in Lieu of Land Reservation . i . If the Planning Board determines that, due to size, topography , or location , suitable recreational open space can not be properly located in a subdivision or is otherwise not appropriate, practical , or desirable, the Board may instead require as a condition of subdivision approval a payment to the Town of a sum which shall be used exclusively by the Town for neighborhood active or passive recreational purposes including the acquisition of property or the improvement of existing recreational facilities . ii . The amount of such payment shall be as set forth by the Town Board but shall not exceed the reasonable value of land that could have otherwise be required to be dedicated by the developer . If the formula used to determine the amount payable is based on the number of lots in the subdivision , a lot created to accommodate an existing dwelling shall be exempt from this requirement . iii . Unless the subdivider agrees otherwise, the amount of such payment shall not exceed the value of the land that the Town might otherwise require for recreational purposes . iv . All such payments shall be held by the Town Board in a special Town Open Space Trust Fund to be used for the acquisition of land suitable for permanent park, playground , or other recreational purposes , and so located that it will serve primarily the general neighborhood in which the land covered by the Plat lies . v . Such money may also be used for the physical improvement of existing parks or recreation areas serving the general neighborhood in which the land shown on the Plat is situated , providing the Planning Board and Town Board find a need for such improvements . vi . Such payment shall be made prior to the granting of Final Plat Approval by the Planning Board except as such condition may be modified by the Town Board . In general , such payments shall be cash deposits made payable to the Town of Danby by certified or bank check , or by money order . Section 401 . Minimum Standards . 1 . The amount of land to be reserved for Recreational Open Space (as defined in Appendix A) shall normally be in the amount of ten ( 10) percent of the gross area of the subdivision . This size standard may be reduced or waived . 2 . Generally , land reserved for Recreational Open Space shall have an area of at least two (2) acres . 19 �y Subdi v. reg, wp51/Darby, 12/17/91 5:55pm This land shall be reasonably level , usable open space and shall be located so as to be easibly accessible to all areas of the subdivision . This land shall be improved by the subdivider to the standards reasonably required by the Planning Board to make the space effectively useable as Recreational Open Space. 3 . The Planning Board may require that Recreational Open Space be located at a suitable place on the edge of the subdivision so that additional land may be added if adjacent land is subdivided . 4 . A Recreational Open Space site should generally have a total frontage on one or more streets of a least two hundred (200) feet, and no other perimeter dimension of the site should be less than two hundred (200) feet. . 5 . In circumstances where appropriate, the Planning Board may request the developer to set aside Preserved Open Space (as defined in Appendix A) . While a developer is not required to do so , if the developer agrees to such set aside, and if the Planning Board and developer agree , such Preserved Open Space may be in addition to , in lieu of, or partially in lieu of the required Recreational Open Space. 20 Subdiv. reg, wpSI/Danby, 12/17/91 5:55pm ARTICLE V • ENVIRONMENTAL CONSERVATION Section 500. Purpose. 1 . The purpose of this article is to protect the Town of Danby , its residents , and its environment from hazards associated with land development and land use which result from activity not conforming with standards of sound and acceptable environmental and developmental practices . 2 . The Planning Board also recognizes that both recreational and non-recreational open space is important to the physical and human environment, and thus sets forth the guidelines , standards , and requirements herein . Section 501 . General Guidelines . 1 . Unbuildable Areas and Other Circumstances . As a safety measure for the protection of the health and welfare of the people of the Town , that portion of a proposed subdivision which is found to be unsuitable for development due to circumstances which may be harmful to the environment or potential residents , such as severe drainage problems or steep slopes , shall not be subdivided until adequate methods to alleviate the effects of such harmful circumstances are formulated by the subdivider and approved by the Planning Board . • 2 . Preservation of Natural Features . A . The Planning Board shall encourage the preservation of all natural features which add value to developments and to the community , such as significant vegetation , large trees and groves , water courses , historic sites , important views , viable agricultural land , and similar irreplaceable assets . B . Development should be laid out to avoid such features , and to avoid steep slopes , erosive soils , wetlands , or similar environmentally sensitive areas . 3 . Preserved Open Space. A . When reasonably possible, and when agreed to by the developer, Preserved Open Space as defined in Appendix A shall be provided with such provisions regarding maintenance, alteration or management of such space as the developer and Planning Board may agree . Once agreed , the provision of such space and the terms governing same may be included as conditions of the subdivision approval . 4 . Agricultural Land and Uses . A . Development shall , as much as is practicable, be located on the least fertile soils for agriculture, in a manner which maximizes retention of viable agricultural uses and land . 21 • 1 Subdiv. reg, wp51/Danby, 12/17/91 S:5Spm B . On parcels with viable agricultural lands , development should be located within woodlands contained on the parcel , or on the far edges of the open fields adjacent to woodlands , in order to reduce development impacts on such agricultural lands , as well as to provide summer shade and shelter from winter wind , and to enable the impact of new construction to be buffered or absorbed by natural landscape features . 5 . Steep Slopes . . A . The Planning Board may limit the density or location of development on slopes of 15 percent grade or more when the Board determines that such development would be harmful to the environment of such slopes or of adjacent areas , or would pose a hazard to the residents of the subdivision or neighborhood . B . Where a proposed subdivision contains both viable agricultural land and slopes of 15 percent grade or more, due consideration of both features shall be made in laying out the subdivision . 6 . Important Natural Areas . A . The Planning Board may limit the development of areas designated by the Town as Important Natural Areas , when , in its judgment, the proposed development would adversely impact the environmental quality of such areas . B . Such Important Natural Areas , if so designated by the Town Board , may include Critical Environmental Areas established pursuant to SEQR , Unique Natural Areas designated by Tompkins County , and other similar areas . 7 . Visual Environment . A . The location of development shall be in areas least likely to block scenic views important to the community , as seen from public roadways and other public areas . B . The pattern of development shall minimize adverse impacts on the character of important open areas and of existing development in the neighborhood . Section 502 . Erosion Control . 1 . The following standards shall apply as necessary to control erosion and sedimentation . 2 . Land grading , earth moving and vegetation removal shall be limited to that necessary for actual construction . Certain types of earthmoving activity are also regulated by the Zoning Ordinance . 3 . All land which is stripped , cut , filled , or otherwise deprived of protective vegetative cover shall be revegetated as soon as is practicable, with such revegetation subject to the inspection and approval of the Code Enforcement Officer . 4 . No removal of soil or vegetation from slopes exceeding fifteen ( 15) percent grade shall be permitted except where necessary for construction , in which event, a stabilization and 22 , Subdi v. reg, wpSl/Darby, 12/17/91 5:55pm revegetation plan shall be submitted to the Code Enforcement Officer for approval prior to the work being commenced . 5 . Where land is disturbed in site development, no slope shall be left with a grade steeper than one ( 1 ) foot vertical rise to three (3) feet horizontal distance unless the grade was steeper before disturbance. In such latter event , the final grade shall be approved by the Planning Board after consultations with appropriate professionals , such as engineers , and shall be approved only after the Planning Board has determined that such steeper grade is not a risk to the environment, the proposed residents , and the neighboring properties , and only after professionally engineered plans are approved by the Planning Board which plans shall show such information required by the Board or its professional consultant including the final grade and the steps , including vegetation , etc . to be taken to stabilize the slopes and to prevent erosion and drainage problems . Any construction or alteration shall thereafter be in accordance with such approved plans . 6 . Terraces or diversions shall be used to break up long slopes where the possibility of erosion exists . 7 . Sedimentation basins and traps shall be employed as required by the Code Enforcement Officer . 8 . Where topsoil is disturbed by development, a minimum of four (4) inches of topsoil shall be maintained to insure proper growth of vegetation , except upon approval of a lesser amount by II the Code Enforcement Officer . 9 . There must be regular and continued maintenance of erosion and sedimentation control measures and adequate vegetative cover . Section 503 . Drainage . 1 . All land development shall be related to the surrounding drainage pattern , with provisions made for proper drainage facilities . Whenever possible, natural drainage patterns shall be employed in preference to rechanneling streams or watercourses . 2 . All drainage improvements must be acceptable to the Code Enforcement Officer or other authorized agent. In no case shall work be performed which directly or indirectly affects natural drainage patterns prior to the granting, of any necessary approvals by the Town , County , or State agencies having jurisdiction . 3 . If stormwater is to be diverted from its natural course, a construction plan shall be submitted to the Code Enforcement Officer containing , at a minimum , the following information : A . A sketch showing in plan and in profile the existing waterway and the proposed channel change; B . Provisions to prevent soil erosion and silting . 23 Subdiv. reg, wpS1/Danby, 12/17/91 S:SSpm 4 . The release of stormwater runoff from development shall not exceed pre-development conditions . Stormwater runoff shall be controlled so that during and after development, the site will generate no greater peak than prior to development for a 2-year, 10-year, and 100-year 24-hour storm considered individually . This requirement may be waived by the Planning Board , but approval by the Town Board shall also be required if off-site stormwater control is necessary . 5 . Existing and potential runoff shall be determined by the Rational Method or an equivalent engineering drainage formula with conventional runoff factors , using as a minimum a rainfall rate of 0. 5 inches per hour . 6 . In developments with an average grade of seven percent or more, detention or retention ponds , check dams , or other features may be required to reduce storm runoff velocity . 7 . Provisions shall be made for adequate storm drainage and drainage structures to prevent water from standing on any portion of a street . A minimum grade of two (2) percent shall be employed on all newly regraded land to expedite drainage, except as otherwise approved in a drainage plan . Section 504. Trees and other Significant Vegetation . 1 . Reasonable effort shall be made to preserve trees with a diameter of 12 inches or more as measured 4 1 /2 feet above the base of the trunk . 2 . Other stands of significant vegetation should be preserved as much as is practicable . 3 . Plants to be retained on the site shall be protected during site preparation and construction . 4 . On all new streets , the Planning Board may require that one hardwood shade tree be planted , within 6 feet outside of the street right-of-way, at intervals of not less than 100 feet along both sides of said street . 24 • Subdi v. reg, wpS1/Danby, 12/17/91 5:55pm �. ARTICLE VI ADDITIONAL REGULATIONS Section 600. Layout, Blocks , and Lots . 1 . All subdivision layouts shall conform to design standards which will encourage safe, efficient , and beneficial development, and which will be appropriate for the location of the subdivision . 2 . Minimum lot sizes and dimensions shall be as established in the Zoning Ordinance, except for the following : A . Areas previously platted and recorded as small lots . B . Clustered subdivisions where such requirements may be waived . 3 . Subdivision dimensions shall be determined with due regard to zoning requirements , the provision of building sites suitable to the special needs of the uses contemplated , convenient access , circulation control and safety , solar access , and the limitations and opportunities of the site. 4. When a small portion of a large parcel is proposed for subdivision , consideration shall be given to the character of the entire parcel , including the ability of the land to support agricultural use or future development, important natural features , and the adequacy of access into remaining lands of the parcel and into adjoining properties . 5 . Blocks shall be planned generally to provide two rows of lots , but irregularly shaped blocks indented by cul -de-sac streets will be acceptable when properly designed with adequate access and turnarounds . 6 . Residential blocks shall not be more than 1 , 500 feet in length , except where the Planning Board determines otherwise necessary to secure efficient use of land or to achieve desired features or use of the street system . . 7 . In any block over 700 feet long , the Planning Board may require the subdivider to dedicate and construct a public walkway transversely across the block . Such walkway shall have a minimum right-of-way of 20 feet, of which at least 8 feet shall be paved or otherwise surfaced as subject to approval by the Town Board . 8 . Corner lots shall be increased in size whenever necessary so as to provide that any structure to be placed thereon shall conform to the provisions of the Zoning Ordinance. 9 . Lots which are sufficiently large for possible future replatting shall be of such shape as to facilitate replatting . Side lot lines shall be substantially at right angles or radial to street lines . 25 it . Subdiv. reg, wpS1/Danby, 12/17/91 S:SSpm 10 . Building setback lines shown on a plat shall not be in front of any building setback line established by ordinance, except where such requirement is waived . 11 . Where any lot is proposed to be served by an individual sewage disposal system , minimum dimensions of such lot shall be determined by the Tompkins County Health Department. Section 601 . Public Facilities . 1 . No dedication by the subdivider of an easement or fee title to a highway or other public facility shall be shown on a Final Plat unless the Town Board determines to accept such dedication . 2 . When a subdivision is traversed by a water course, drainage way , channel , stream , or creek, the subdivider may be required to provide a storm water easement or drainage right-of-way of sufficient width and to make suitable provisions for maintenance, wherever the Planning Board or Town Board finds such easement desirable . Section 602 . Solar Access . 1 . The Planning Board may require subdivisions to be platted so as to preserve or enhance solar access for either passive or active systems , consistent with the other requirements of these regulations . Improvement of solar orientation and protection against adverse climate may be sufficient considerations , in the judgment of the Planning Board , to warrant plat modifications . Section 603 . Streets . 1 . All lots , premises , and buildings in the Town which the local fire and emergency services may be called upon to protect and which are not accessible from public streets shall be provided with suitable access roads and fire lanes . The location of such provisions shall be subject to approval by the Town Board upon recommendation by the Planning Board . Section 604. Street Improvements . 1 . The standards and regulations provided in this section shall apply except as may be otherwise specified in Town of Danby Highway Specifications or other applicable regulations . 2 . All streets shall be constructed and all street signs installed according to Town of Danby Highway Specifications . The subdivider shall improve all streets and other ways in such manner as is necessary for the general use of lot owners in the subdivision and to meet local traffic and drainage needs . The schedule for such improvement shall be subject to approval by the Town Board . 26 Subdiv. reg, wpS1/Danby, 12/17/915:55pm ,• • 2 . The arrangement of streets in the subdivision shall provide for the continuation of the principal streets in adjoining subdivisions or for proper street circulation when adjoining property is not subdivided , except where topographic or other conditions make such continuation undesirable. 3 . The minimum right-of-way width shall be 60 feet, except that a 50-foot width may be permitted by the Town Board . Additional width may be required where deep cuts or fills will be encountered . 4 . A minimum center-line radius of one hundred eighty ( 180) feet is required unless otherwise approved by the Planning Board . 5 . Vertical alignment shall have the following : A . A minimum grade of one ( 1 ) percent; B . A maximum grade of eight (8) percent on major streets and ten ( 12) percent on minor streets ; C . A maximum grade of three (3) percent on a minor street within one hundred ( 100) feet of its intersection with a major street . D . All changes in grade exceeding one ( 1 ) percent shall be connected by a vertical curve and . shall have a minimum length of one hundred ( 100) feet . 6 . Sight distance shall conform to American Association of State Highway and Transportation IOfficials (AASHTO) Standards . 7 . There shall be a minimum of 600 feet between center-line intersections at major streets , and a minimum of 300 feet between center-line intersections of minor streets . 8 . Intersections shall be at right angles as nearly as possible, and no intersections shall be at an angle less than 70 degrees . Detailed designs of intersections may be required . Curb or inside radii at intersections shall not be less than 20 feet and property lines shall be adjusted accordingly . 9 . A cul -de-sac shall not exceed 1000 feet in length and shall be terminated in a turnaround having a property line radius of not less than 50 feet . An alternatively shaped backaround may be provided with such subject to approval by the Town Board . Where that street is dedicated for the purpose of providing future access to adjacent property , its length as a cul-de-sac shall not exceed 1000 feet . 10 . Where a street contains or abuts a street designated by the Town as having fully controlled access or partially controlled access , the plat shall provide for such control for the purpose of reducing traffic hazards by eliminating conflict between local traffic entering and leaving driveways and through traffic . Where a plat includes lots which directly abut such a thoroughfare, rather than a developable frontage, the Planning Board may require the subdivider, by sufficient instrument, to relinquish right of access to the thoroughfare from such lots . • 27 )):1- ‘4 . il Subdiv. reg, wpS1/Danby, 12/17/91 5:55pm 11 . Street names shall be subject to approval by the Planning Board . Names shall provide for contin- uation of the names of existing streets where appropriate and shall not duplicate the names of streets elsewhere in the Town or in the emergency and fire service area. House numbers shall be assigned by the Town Code Enforcement Officer or other authorized agent . Section 605. Reserve Strips Prohibited . 1 . Reserve strips of land , which are essentially intended to control access from the proposed subdivision to any neighboring property , or to any land within the subdivision itself, shall be prohibited . Section 606. Water Supply and Sanitary Sewerage . 1 . Plans for all water supply and sanitary sewerage systems shall conform in all respects to applicable Town, County , and State standards . 2 . When connections are to be made immediately to a community or public water supply or sewer system, lines and other facilities shall be installed to serve each lot in the subdivision prior to the application for acceptance of the streets or rights-of-way . 3 . Where such connection is not to be made immediately , but is contemplated within five years , plans shall be prepared for future installation of systems to serve each lot, and those parts of such system which will be in the paved portion of streets and alleys shall be installed before the streets are paved . Section 607. Other Utilities . 1 . Pipes , wires , and cables providing local utility and similar services (including but not limited to , gas , electricity , telephone, cable television , and street lighting) in residential subdivisions shall be placed underground . 2 . Street lights shall be located at all street intersections and other areas required by the Planning Board for safety reasons , with the proposed lighting fixture to be approved by the Highway Superintendent, and with installation to be in accordance with the utility company having jurisdiction . 3 . All street and other outside lighting shall be designed to minimize glare within the subdivision and in adjoining areas . 28 • Subdiv. reg, wp51/Danby, 12/17/91 5:55pm Section 608 . Survey Monuments . 1 . One ( 1 ) monument shall be located at each corner and at each general change in direction or point of curve of the boundary of the subdivision and its lots as finally platted . Monuments shall also be located at the beginning and end of each curve along one ( 1 ) side of the street right-of-way . 2 . All monuments shall be shown on the final plat . There shall be no more than one thousand ( 1 , 000) feet of distance between any two (2) monuments . 3 . All monuments shall be constructed of one ( 1 ) inch diameter deformed reinforcing rods , or four (4) inch square stone or reinforced concrete, with a minimum length of thirty-six (36) inches . Section 609 . Certification of Improvements . 1 . Prior to final acceptance of the construction of a new street or the improvement of an existing street, the subdivider shall provide a certification by a licensed engineer that the street has been constructed in accordance with the approved design of said street as designated on the final construction plans . 2 . As-built plans shall be submitted showing the vertical and horizontal location , sizing, and gradient, where applicable, of improvements including water mains , sanitary sewers , and storm sewers . In addition , such plans shall also show the location of all transmission utilities including gas , electric, telephone, and cable television , both surface and subsurface . Section 610 . Phased Developments . 1 . In large, phased developments , a sequential installation of utilities and improvements shall be made in accordance with an agreement satisfactory to the Town Board . The phasing agreement shall also provide for the maintenance of existing roads and utilities . Section 611 . Inspections . 1 . All permanent improvements , such as . streets and utilities , shall require inspections by the Code Enforcement Officer , Highway Superintendent, or other person retained by the Town for such purpose. 2 . The owner, developer , or an agent of such shall inform the Town inspector at least twenty-four (24) hours before such inspection is required and shall not conceal , cover, or in any way render invisible any portion of the improvement until such inspection has been made and the work has been approved . I • 29 jA* .. *. Subdi v. reg, wp51/Darby, 12/17/91 5:55pm Section 612 . Financial Guarantees for Improvements . 1 . A letter of credit shall be furnished by the subdivider or developer for all required public improvements and utilities , and for all earthwork, landscaping, and site restoration which are integral parts of the Final Plat . 2 . No building permit shall be issued for a structure with an approved Final Plat until the subdivider or developer has furnished an irrevocable letter of credit and has received approval for such letter of credit from the Town Board . 3 . No final certificate of occupancy or certificate of compliance shall be issued until all improvements included in the letter of credit are completed , or until a sufficient performance guarantee, such as a letter of credit, has been approved by the Town Board for improvements not completed . 4 . The Town Board may waive the requirements of this Section or may accept other evidence or promise of completion of required improvements if, in its discretion , it determines that there is no need for the letter of credit . 30 7,: Subdiv. reg, wpS1/Danby, 12/17/91 5:55pm ARTICLE VII DOCUMENTS TO BE SUBMITTED Section 700 . Introduction . 1 . This article lists documents which shall be submitted as part of any application for subdivision approval , except as such submittals may be waived or otherwise modified pursuant to other provisions in these regulations . 2 . As early as possible in the formulation of a subdivision proposal , the applicant should confer with the Code Enforcement Officer or other authorized agent, to discuss the proposal , the conditions of the site, and the particular documents to be submitted or which might be waived by the Planning Board , depending on the size and complexity of the proposal and on site conditions . 3 . The applicant also should confirm the dates for submission , targeted dates for any meetings , and the number of copies necessary for review by the Town and other agencies , with the Code Enforcement Officer or other authorized agent. Section 701 . Sketch Plan Application . 1 . Any Sketch Plan submitted to the Planning Board or Town Board shall be based on tax map information or some other similarly accurate base map at a scale, preferably not less than 400 or 200 feet to the inch , that enables the entire parcel which includes the proposed subdivision to be shown on one sheet . 2 . The following additional information shall be submitted , except where such submittals may be modified or waived : A . General subdivision information outlining the existing conditions of the site and the proposed development. B . Approximate locations of: i . The portion of the parcel to be subdivided in relation to the entire parcel , and to other contiguous lands in the same ownership . ii . Abutting tax parcels and their numbers . iii . The nearest existing streets and intersections , existing structures on or within two hundred (200) feet of the area proposed for subdivision , significant physical features such as water bodies , wetlands , ditches , large trees , tree masses , active agricultural land , slopes of fifteen ( 15) percent or greater, and power transmission lines . For some subdivision proposals , an aerial photograph such as is available from the Tompkins County Department of Assessment may be helpful in illustrating these features . C . A general layout of the proposal , including : • 31 4' 1• • I Subdiv. reg, wpS1/Danby, 12/17/91 S:SSpm i . Lots , indicating width and depth . ii . Existing or proposed streets , indicating width . iii . Existing or proposed drainage, sewage disposal , and water supply facilities . iv . Existing or proposed recreational or nonrecreational open space. D . A summary of existing or proposed restrictions on the use of the land , including easements , rights of way, covenants , and zoning designations . E . If a Clustered Subdivision is proposed , a summary of any requested modifications of zoning requirements should be submitted . any requested modifications of zoning requirements should be submitted . F . A Short Environmental Assessment Form , Parts I and II, which should be completed and filed with the Planning Board or Town Board at the time of any Sketch Plan review by such Boards . Section 702 . Preliminary Plat Application . The following information shall be submitted as part of a Preliminary Plat Application , and shall also be submitted as part of a Final Plat Application , except where such submittals may be modified or waived : 1 . Vicinity Map . A . A vicinity map showing the general location of the subdivision at a scale of 1 inch to 400, 1000 or 2000 feet . B . If the application covers less than 10 percent of the subdivider's entire holding, a map of the entire tract, at a scale that clearly shows such tract, showing an outline of the area proposed for subdivision, and , if applicable, a general layout of any probable future development, open space reservations , or other land use on the remainder of the tract . 2 . Preliminary Plat . A Preliminary Plat of the subdivision at a scale of one inch to 100 or 50 feet, whichever most clearly illustrates the proposed subdivision , shall be submitted , along with the following information : A . Title Block . i . Proposed subdivision name, name of Town and County in which it is located , date, true north point, graphic scale, name and address of record owner and subdivider. ii . Name of planner, architect, engineer, land surveyor, landscape architect , or other person who prepared the Preliminary Plat . iii . Name of owners of record , tax parcel numbers and any named subdivisions adjoining the property . B . Other Information . i . Zoning District, including exact district boundary lines if more than one district . 32 ' t 1' tS Subdiv. reg, wp31/Danby, 12/17/91 S:SSpm 4. ii . If a Clustered Subdivision or a Zoning Change is proposed , a statement of any requested modifications of zoning requirements or district boundaries shall accompany the Plat. . C . Existing Site Conditions . Existing site conditions shall be shown as follows : i . Streets and Intersections . Name, location , width of right of way and pavement, centerline elevations at intersections and other critical points . ii . Other Rights of Way and Easements . Identification , location , width , any use restriction . iii . Public lands in or within 1000 feet of the site. iv . Drainage System . . Type of structure, including culverts , ditches , and ponds , and , where applicable, location , invert elevations , sizes , and gradients of structures . v . Other Utility Systems , such as Water, Sewage Disposal , Gas Mains and Electric Power Lines . Type of structure, and , where applicable, the location, invert elevations , sizes , and gradients of such structures . vi . Natural " Features . . Water bodies and other similar features including ponds , streams , wetlands , and areas of flooding indicating apparent high-water level . All wetland areas designated as being NYSDEC Freshwater Wetlands , jurisdictional Federal Wetlands , or other designation . All Areas of Special Flood Hazard . vii . Wooded areas , tree masses or groves , isolated preservable trees one ( 1 ) foot or more in diameter as measured four and one-half (4 1 /2) feet above grade . viii . Critical Environmental Areas or Important Natural Areas designated by the Town Board , field located and certified by the applicant's licensed land surveyor or other approved professional . • ix . Other Land Use : a . Existing structures on the lands of the subdivision to remain or be removed . . b . Existing structures within two hundred (200) feet of the area proposed for subdivision . c . Active agricultural land , and land removed from cultivation or pasture use within the past five (5) years . x . Topography : a. Contours or other suitable indicator of slope . b . Slopes of fifteen ( 15) percent or greater . xi . Test Hole Data, if required , with date, location , and graphic representation of findings . D . Proposed Site Conditions . A Preliminary Layout of the proposal , including the following, shall be submitted except as where may be modified or waived : i . Streets : . a . Proposed new streets , any improvements to existing streets . 33 45' 4 . Subdiv. reg, wp51/Danby, 12/17/91 5:55pm b . Proposed street names . . c . Right-of-way , and pavement width . . . d . Preliminary horizontal alignment . Tentative centerline gradient shown in percent of slope on preliminary profiles . ii . Lot Layout. a. Existing and proposed lots . b . Lot lines with dimensions . c . . Lot widths at street right of way line. On lots with nonparallel side lot lines , the width at the minimum required set back line shall also be shown . d . Lot depths and areas . e . Preliminary block and lot numbers . iii . Drainage . a . Location of proposed drainage facilities or improvements , with pipe sizes , grades , and directions of flow . . b . A preliminary engineering summary providing estimated stormwater runoff based on Article V , Section 503 , . Paragraphs 3 and 4 of these regulations , and also including the drainage area above point of entry for each water course entering or abutting the tract . iv . Utilities . a . Location of sewage disposal and water supply facilities . b . Location of other utilities including gas , • electricity , telephone, cable, and street lights , v . Erosion Control Plans . a . Existing land contours at ten ( 10) foot intervals , or other suitable indicators of slope. b . Description of grading plans if existing elevations or contours are to be changed more than 4 feet . c . Erosion control plans for any areas proposed for development . vi . Open Space a . Recreational or nonrecreational open space, and other areas to be reserved for public or for common use by subdivision residents . b . Significant vegetation to be retained , and new plantings , if proposed or required . vii . Restrictions , Easements , etc . a . Proposed restrictions on the use of the land , including easements , rights of way , covenants , and zoning designations . 3 . Environmental Assessment Forms . Fully completed Environmental Assessment Forms , with comments from the Code Enforcement Officer or other authorized agent indicating whether the proposed subdivision is a Type I , Type II , or Unlisted action and indicating a recommendation for negative or positive determination of environmental significance . 34 jr • Subdiv. reg, wp51/Danby, 12/17/91 5:55pm 1 Section 703 . Final Plat Application . Requirements for the Final Plat application shall follow those of Section 702 , except as may be waived by the Planning Board , and with the following required additions and modifications : 1 . Survey Data. A . Name, license number, and seal of engineer or land surveyor who prepared the Final Plat . B . Location of the property by legal description , including areas in acres or square feet. Source of title, with deed record book and page numbers . C . Accurate traverse of subdivision boundaries with true bearings and distances giving dimensions to the nearest one hundredth foot, angles to the nearest one-half minute, and at least one bearing ; the traverse shall be balanced and closed with an error of closure not to exceed one to two thousand ; the type of closure shall be noted . D . Location and description of all section line corners and government survey monuments in or near the subdivision , to at least one of which the subdivision shall be referenced by true courses and distances . E . Property lines of all lots with accurate dimensions , bearings , or angles , arcs and lengths of all curves . F . Location of all monuments existing , proposed , or to be reset . G . Location , name, and dimensions of all rights of way , easements , and similar conditions within , abutting , or in the immediate vicinity of the proposed subdivision . H . Reference on the plat to any separate instruments , including restrictive covenants , which directly affect the land in the subdivision . I . Accurate outlines and descriptions of any areas to be dedicated or reserved for public use or acquisition , with the purposes indicated thereon ; any areas to be reserved by deed covenant for common uses of all property owners in the subdivision . 2 . Improvement Plans . A . Street Improvements . Plans , profiles , and other specifications , including the following : i . Any improvements proposed to existing streets . ii . If any new streets are proposed , preliminary plans and profiles showing width , location , grades , horizontal and vertical alignments , cross-sections , and proposed street names . Plans and profiles shall be drawn to a scale of one inch to 50 feet horizontal , and one inch to 5 feet vertical , on standard plan and profile sheets . Profiles shall show the profile and gradients of the street along the center line. iii . Street center lines , showing angles of deflection, angles of intersection , radii , lengths of tangents and arcs , and degree of curvature, with basis of curve data . Lengths and distances shall be to the nearest one hundredth foot . Angles shall be to the nearest half minute. iv . Paving Plans and Specifications . 35 Subdiv. reg, wp51/Danby, 12/17/91 S:55pm B . Other Utilities . i . Detailed construction plans and specifications for water supply and sewage disposal systems . ii . Tompkins County Board of Health Certification and New York State Department of Environmental Conservation approval , when required . C . Site Improvement Estimates . The estimated cost of: i . Grading and filling . ii . Culverts , swales and other drainage facilities . iii . Sewage disposal systems . iv . Water lines , valves , and fire hydrants . v . Paving , curbs , gutters , and sidewalks . vi . . Any other improvements required by these regulations . 3 . Other Information . A . Certification by the Chairperson or other authorized agent of the Planning Board to the effect that the proposed subdivision has complied with all environmental review requirements and was granted any necessary prior approvals by the Planning Board , Town Board , and other agencies . B . Owner' s certificate : a certificate signed by the owner to the effect that he owns the land , has caused the land to be surveyed and divided , and makes the dedications indicated on the plat. C . Mortgagor' s certificate : certificate signed and sealed by the mortgagor , if any , consenting to the plat and the dedications and restrictions shown on or referred to on the plat . D . Tax and assessment certificate signed by the Tompkins County Treasurer or other officials as may be appropriate, stating that there are no unpaid taxes due on the land being subdivided and payable at the time of plat approval and no unpaid special assess- ments , and that all outstanding taxes and special assessments have been paid on all property dedicated to public use . E . Evidence that the Administrator of the School District in which the subdivision is located has been notified as to the proposed subdivision . 36 r 7--11 Subdiv. reg, wpS1/Darby, 12/17/91 5:55pm APPENDIX A DEFINITIONS For the purpose of these regulations , all words used in these regulations shall carry their customary meanings , except that words defined in the Town of Danby Zoning Ordinance shall be interpreted in accordance with such definitions , and words defined in this appendix shall be interpreted as set forth below. BLOCK - A parcel of land partially or entirely surrounded by public streets , streams , railroad rights-of- way , parks or a combination thereof, which has been subdivided into lots . BUFFER AREA - An area bordering the lot lines of the property on which a subdivision is to be built, within which there shall be no permanent structures . A parking space shall be considered a permanent structure for the purposes of these regulations . CUL-DE-SAC - A street having one end open to traffic and the other end terminated by a vehicular turnaround . OPEN SPACE - An area of land and /or water designed and intended for private or public use or enjoyment . Open space is generally unoccupied by buildings , structures , or parking areas , except that open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the open space. OPEN SPACE, RECREATIONAL - Open space devoted to or reserved for active or passive recreational uses . Recreational open space may typically include parks , playgrounds , playfields , swimming areas , picnic areas , or trails for hiking , bicycling , horseback riding , or cross-country skiing . OPEN SPACE, PRESERVED - Areas kept open for the primary purpose of environmental protection or agricultural land preservation and not primarily devoted to or reserved for active or passive recreational uses , except that unpaved paths for walking , bicycling , horseback riding or winter sports may be included . Preserved open space includes but is not limited to the following : (a) Streams and other bodies of water . (b) Slopes of 15 percent grade or greater . (c) Wetlands designated by local , State or Federal agencies . (d) Stands of significant vegetation . (e) Wildlife nesting, feeding , or breeding grounds . (I) Important Natural Areas as may be designated by the Town and which may include Critical Environmental Areas and Unique Natural Areas . (g) Existing or potentially viable agricultural land . PLAT - The map , plan , drawing or chart on which a subdivider' s plan of subdivision is presented to the Planning Board for approval . 37 Subdi v. reg, wp51/Danby, 12/17/91 S:SSpm RESUBDIVISION - A change in the map of an approved or recorded subdivision if such change affects a street layout shown on such map , or areas reserved for public use, or any change of a lot line . " Resubdivision " is included in the term " subdivision " in these regulations . SET BACK LINE - A line on a plat usually parallel to the center line of the street between which line and the street line no building or structure may be erected . SKETCH PLAN - A sketch of the proposed subdivision showing the proposed general layout of streets , lots , or other features that may be submitted to the appropriate Board by the subdivider for informal discussion and review , on which the Preliminary Plat will be based . STREET, MAJOR - A street intended to serve fast or heavy flows of traffic collected from minor streets and/or intended to serve as an interconnection between areas of land use concentration . STREET, MINOR - A street intended to serve primarily as an access to abutting properties . SUBDIVIDER - Any person, firm, partnership , association , corporation , estate, trust, or any other group or combination acting as a unit, undertaking the dividing of land so as to constitute a subdivision as defined herein . This definition includes any agent of the subdivider . SUBDIVISION - (a) The division of any parcel of land into two or more lots , plots , parcels , sites or other divisions of land for immediate or future use, sale, or transfer . The term " subdivision " includes the creation of, and all changes in , highway and lot lines , whether or not new building or development is to occur . This term includes resubdivision and , when appropriate to the context, shall relate either to the process of subdividing or to the land subdivided . (b) Conventional : A subdivision which creates lots meeting all minimum lot size, yard , and dimensional requirements of the Zoning Ordinance . (c) Clustered : A subdivision of lots which , pursuant to Town Law Section 281 and these regulations , may have smaller lots , or have smaller yards , or otherwise have different dimensions than permitted by the Town Zoning Ordinance, but where the density of occupancy in the entire subdivision shall in no case exceed the density which could be permitted , in the Planning Board 's judgment , if the land were subdivided into lots conforming to the minimum lot size and density requirements of the Zoning Ordinance applicable to the zone or zones in which such land is situated and conforming to all other applicable requirements . 38 . eb b . ‘ , _ ( I rill) , fggf ()el � 1 Ple#14 SUPPLEMENT TO TOWN OF DANBY ZONING MAP Showing DETAILS OF COMMERCIAL ZONES And PLANNED DEVELOPMENT ZONES Source: Tompkins County Tax Maps Effective 3 - 1 -91 Approved : Town Board of the Town of Danby Date: December 11 , 1991 Carol Sczepanski , o n Clerk ... ' ,, .- i y o, • TABLE OF MAPS Page Commercial Zone B 1 1 Commercial Zone B 2 2 Commercial Zone B 4 4 Commercial Zone B 7 7 Commercial Zone B 8 8 Commercial Zone B 9 9 Commercial Zone B 10 10 Commercial Zone C 1 11 Commercial Zone C 2 12 Commercial Zone C 3 13 Commercial Zone C 4 14 Commercial Zone C 5 15 Planned Development Zone 1 16 Planned Development Zone 2 17 Planned Development Zone 3 18 Planned. Development Zone 4 19 Planned Development Zone 5 20 Planned Development Zone 6 21 Planned Development Zone 7 22 Planned Development Zone 8 23 Planned Development Zone 9 24 Planned Development Zone 10 25 Planned Development Zone 11 26 Planned Development Zone 12 27 Planned Development Zone 13 28 Planned Development Zone 14 29 Planned Development Zone 15 30 COMMERCIAL ZONE B 1 Tax Map #2 k . I Kli s TOWN DANBY 3 21054 H 2 , 02 5 7306 FIRE -;(1.) 676 DISTRICT 1500 9235 2 AC . 3Os 99 ? AC.CAL. 782 N N 6 TOWN 128 3 , se. awe ens 3 . 81 AC . 62 4955 COM • RTzoo 416 ROAD. 1913 . I r 2 . 21n 8. 2 N 81 tits 0 2 . 85 zoo . 7 11 . 29 AC CAL 4. 7 AC . CAL . 0 5 30 AC . 0 4C CAL N 725 • '" 4 . 66 AC. CAL . 262 9 ' 10 344 m AMERICAN LEGION 11 THACA POST 25 . 13 AC . CAL • 3 . 94 AC . 2 . 25 AC . 4 • • 276 a 300 - N • N cr 12 '. P U 2 . 22 - 3179 . 5 6 . 1 AC CAL °15. 1 • \tr .% a . N 4 59 AC . 179. 5 2 °N b 14 N6 11; 03 w N , 16 s 284 0 1258 : 15. 2 • 1. 13 AC . \ 9 . 2735 5 N NELSON Il W sp 0 • 17 1 53 . 4 AC. 1 __ O� J • .0 • •ft O 0 V, 2920 S o fn 416 . 66 207. 2 ' 190 159 163 146 150 166. 73 ! 230 22 . 28 N22 :7.2:21AE2Ac7R6:12:t4;7; rn N - 2 2 . 11 9 0o I . 4 AC ^ MC . NU . 0NN N • Nci I . IIA . C. m I8 �. 8N 7 . NaNNam NQo V�( .: Nd 2sp S 539 d I . . 4 5N - N - NN - Nal N % 49. 19� 2 2 . 2 22 . 29 .67 : 7. 110 63 '61. 50 02 108. 69 2 a • ITB. 4 1 . 6 AC . r` �4; zitso , 4 ' 194.42 . 1�• In m 2.8 AC . CA 2ga . B3 S 4 CN . l 141 t2 1 1 �2 0 m LQo 13 . 5 AC . ,o 22 . 33 . . 22 22 .37 m b 0 ° 22.41 . 1-'in N 4122 . 30 13AC - m. v, a N �; � " 1 . 5 A 232 . 84 710 - , 7222 . 43 - Q � MQ co N 8 : •S , ar J 3 '3.50 022. 32 22. 36 NN nNN ti Cr Z04j4 3.31 AC 7� 22 .36 N - N - IAC. � Nab ° 21 = .10 ., 22 . 31 = I Ac. ° 1 Ac . 0 ° I .I Ac. ••_ ,8 ",56.9` 2. 44 ' N - - N o D 1J03A6 N 191 /5 i90. 01 ,6 234 .82 "0� 24 444.78 318180 .02 AC. -4 • 38 : Y • - - - - - - - - - - -- 4239 -- (� 191 . 44 '97. 06 ' ,6 • 1094 133 7aI ') h �z1 ? . � . _ _ . . . . . _ . • • • • , Y �\ COMMERCIAL ZONE B 2 Tax Map P9 ... ry tV - - - . - •J 7 r� a . V' ;20 + !' �, 3.31 AC . CAL, Na � 21 O • . 3Ie80 n .02 AC. C. • 3e7 1 - - - -- 425 3 -- CA • 20 0 4 1 I 1 33 2105 200 a ROAD NO . 48 • 031 ,, 51 • " 1120 s 0 N 33 ' • I. et 1 . 43 0' 11e 6 ;1 ri .0 '4 . e 32 8. 31 AC . CAL . 30 \\ 18 .76 AC. N P N • \ � at 1. 32lAC . CAL. % 34 43 . 4 1 28 d s 4 .0 AC. CAL 8 . 44 AC . CAL 1 . 08 AC. CAL . - - - 409 4 . 1 AC DEED \\ , , 952 362 662 . 1 1 \ (5 27 N 40,1 1 . 63 AC CAI?. 35. 1 " , , 5 315 . I 36 2 I 3 � 0 . I 7 AC 25. 1 g 5 163. 2 4 r„ I Y 4 3. 3 tc, �. . , v I n ri ' 39 • 1 0ti' , ' z9 0 7. 29 AC CAL .. 4) N lS, 2 Z5, • e 1 . 91 n c+ 0 44 Q r 1 n - - - - - - - - - - • X36 co 6AC .CAL � 6 % es , 23 . 3 Stns 710 . 5 6 N 38 0" F, 52 . 94 AC CAL IC`4\6AC. °� ti�rJ�'� 48 . 3 990 . 1 ti 7. 2 AC 5 0 - -1 - - - - - - N t . F 4 _ Soo ° 37 0 ,, 2 6 . 1 iii 005 236 3 48. 7 2.39AC . CAL . 6 , ,'A 46 262 . . 74 6 . Al % r ��'t W 0 • N % 47 • w 2 ' 0 coo 26 . 31 W 9 15gw 15 .0 AC CAL 25 N A .G . - 1 . 65 AC. °' 370 3r^ 9 L . 2097.6 to.1225 . 5 `6 4 9 . 2 a 4 . I AC. . 290 0 17 7. 6 " 49. 1 N - 6. 1 . 5 AC 49 260 75 . 2 ' U .O a • . 1 r : . . COMMERCIAL ZONE B 4 Tax Map #117 and 10 \ 1 90 a2 1 . 3 V . 190 . 7 s s 154 11 \ • 171 . 11 • 9 10 ° t 2 +1 . 55 N.1 Nk 11 228 . 9 St In 9 I .6 N 1 D 0 m ''° tr) • 14 t13 N 15 t, ti 140 • 125 TI M GUND RMANROAD \ 5 5 ry6 � 4 COMMERCIAL ZONE B 7 Tax Map # 16 297 N I _ J 09J9 N I _ 3 . 96 AC. ` 10 13 . 98 AC. CAL . r 'b X9. 5 " tin 150 170 9 . 20 1066 I ' m 13 C' °o z \l 4101 ir 13 11 7. 2 Q R ,AL . 0 0 or " 13 AC . CAL . N 40 . 84 AC. U ?A .aY S 865 3 s 0 N 15 • iN � BUSKIRK �L 10 AC. D 1 N `P y N 0 ' S s VII W /O !4 o CA I~ 6, 34 AC. CAL . c`(‘ 869 0 - - 19 s • 43. 78 AC . D . 7J O S a 1420S 15505 -` 67 '� S 1120 S a r � r v 16 . 2 ' c 3zo p 18 . 1 s a' 0 l8 . 2 Os 6 . 6 AC . CAL 20 . 76 AC . CAL . � 50. 01 AC. CAL . 1 7190s ,>) 0r/ 360 $ 3 0 11 17 3°mac O jer-.....„„_- •1 � a • s 7AC. D 2120 5 _ �� 6 2 5 S / 590 S r� I _ 5 � BROWN ROAD • 7 ■ COMMERCIAL ZONE B 8 Tax Map # 17 (\ 1 • au N . ...2.21.1„.. ' U 2 . 79 AC . CAL a o 100 `0n .t2 2G 15. 3E 15 . IB '• s m 0 N i .a m , 31 , N � 195 WES r DANBY 32 m 15 . 2 0• PAPSONACE _ _ — i3 ! 3 .65 AC . CAL . 12 . 44 A( ' 6 • 2.05 25 a CO ill r 19 er 1n X ••• "----.,.....f • 1 T 1 !7 1' A(: ir' x; f 5 _. O ' 112 1555 • 'i` 19 q• 24 + 0z . , 33 ' t . m I ? 18 0 100 I. 21 20 J X11 ° 1 '7 , 4 S el' b y n 1 37 CO 233 1:1 `�J _ '�� r. 2 l e 36 10 35 0 34 Js U. ez 5 4 X61 246 . 9 112 35 195 3 1U 3�� 1 ;� 55 . MAPLE 1 a AVENUE 1 N o 190 97 75 404 140 S 53 1 34 J la y45u ° 0 1 • zsACCAL 43 ° 44 75 y 46 1ac. CAL. : 47 °' 404 128 tti 256 rt.338 w IOUS 336 S 52 IA I... tr Arr A , 193 v 48 N an .n 128 I 8 2." V, COMMERCIAL ZONE B 9 1 Tax Map # 17 G 17 • • �, 2 A 18 q>o % /, N sue % %2 ` 569 D Ts 0 v C\ Li 24 ° 01 • `' 19 , o`�� • .a 33 , ., ,p . . 1 20 t 1 0 m I 2 / 8 1005 21 q, 2 0 3 37 co 2 � 45 g ? d I 21e 55 36 N loa o 34 J0 Js v. 62.S fN + b 246 . 9 112 (^ 195 9 6V 394 ` � W 55 , F MAPLE AVENUE \ N o st 190 97 75 404 140 3 53 ■ Sq• u45 U u a . 1 . 26 AC CAL � 43 ° 4 4 7 5 . 46 1 AC. CA L. 47 � _,.. 404 N 128 256 P N 358 a 1005 ° 52 336 S y • ta ro I. 6ACCAL . 195 u 48 Nino, N WEST DANBY = 120 s 128 1 N M . E. CEMETERY UWDANBY M .E. CHURCH 51 3 a 221 49 Ndl lb 140 41 N o WEST DANBY us 115 F IRE STATION 6 : 50 o N -4 /- iiirt • °11' N • N 30 : o Q m \ al to to 0 • / • • 0 COMMERCIAL ZONE B 10 Tax Map # 18 .)\--, .. (- --- N. "0 C 17. 3 36 . 5 AC . CAL s 253.55 / 20 . 57 AC . CAL . 25 . 1 N t:',2, 1 .4317) %!1%� w AC . • CD 25 . 2 q C � NIU7 I1e91 e ` ' zr i ' s F /S0`v P1191:45 N, , 0 3 3.a / 7706 AC . CAL N O U / // / IC0 S IM W 2515 S IIB 0 1 / / N N 0 / -‘ N/ , . 1250 ' 0 C A -4 0 /A / 20 y m W / (), ° 24 / / 20 AC . / •• • 03 U i 66 159 . 5 AC . CAL . W /Y1//11759 j 9/ `� / • 2I / 125 / / .D / i O' V1 i se lit V ti) 32 AC • CAL . '" e/.. / of VP C' �/� O r / JEW FIELD CENTRAL 1620 s $ GHO 4• 9r2; ..# .SPENCER CENTRAL sell . SCHOOL 264 // • \ I n Q [� /. ` J• 2 .74 AC. 25 DISTRICT DISTRICT 1 10 1 �' • COMMERCIAL ZONE C 1 Tax Map # 15 . 1 � lL • • ' % ' flfl, of rows 1 / S . / 1346 AC. 6 I 42 AC. , •O I O•LI • • t :61 w , / • I a .• , 4 . 2 _ 4. 1 ' / / • 20.22 AC CAL. 1� / • • '� a • • III• 63.49 AC .CAL. 7 Vi / le/�I• Jae n• au 10 .73 AC . 1 2 i• • lM - ,. .J 4 333 1.85 AC° ... g 8 ALCM ; .•1 , - 3 . 31.1� 1.83AC Y o 3 4 35 AC. 11. 1 AC. CAL, 9 • 3. 32 -IA 13.2 AC. 5 . e7 AC. 3. 12 --------- . 54.11 AC. CAL. 6,26 K. L. • • ,,, •I.• 1 • <° K 3. 11 3.5 o A ! /�`f 7. 11 Ac F sr 1 .69 AC 6 °•• HO 1 OP Matti ••s •,•,w -- 10. 101 q4 : Lt ' 110.51 so• 10. 2 a 2 .05 fj I.62 AC CAL I 6 65 AC AC 0 ••• I a el AC "" " • sou .. 10. 102 z , I •, ' ; •10. 9 677 u • 10. 1 • 71 K CAL I 10.6 . et 7 4 M /C.AC • • • t 0 " " 10. 62 01104.3.1 4 , e3 Ac. E 10 . 7 l iW 7. 9 AC l an. rn• •• • C • • Pr . I I 20.1 i I- ft • r 15.2 I 159.7 AC.CAL 1 i : 15. 1 ..13 . I 1 152.6 Ac. D. • u u AC ill 1329 AC.CAL. ( ,� b Cat �+ . _ 12 .13 ! AC • ° - - - - i I2 4 12 . 2 = 14 , 0 3 AC 26 46 K CAL 3 AC 711 I I C•L /••• • ' „e1 Si M 12. I 6 16,C • r•_i f 12 . 12 : 12 . 1 • 12 9 L.51KU• • 12.8 / • • 5 K w• • L. 15 •C UL • 16 /••••••• • :y 1, •• IS 324'.. i0 / . 12 AC C41 . / • 205 AC. CA1a, II I iis ' II 17 ' / 19 67 05 AC. CAL \•`e /� 2607 AC. CAL .• • \\ , c�� / i AP ANy+/ V I / I 11 i • ' COMMERCIAL ZONE C 2 Tax Map #2 u m ----TS . • - 230 „ 2I . I I AC; C . " 18 250 5 339 u . 249 . 66 4 • 0 19 Lk lV4 • 17B• • a 194 .42 A. . ll ) • 2 .8 AC . CAL . a• V .4- 4b 01022.41 rf. . I W N� AC I" - (\I 22 . 3 116 h . . an 2O' •' N,, 3.31 AC . CAL. AC. tnjago21 `- 441 N 38'1 31el60 2 .02 AC, - • - • - - - - - 423 3 - 0 • 20 o 1094 133 205 ri 200 21 1120 S WN ROAD NO . 48 1 r 31,, a. 51 • o v 0 at r 33 IA 1 . 43 �, tle AC " t : I.' .roc lb 32 8. 31 AC . CAL . 30 ` gyp\ N \ . 18 .76 AC . v � 0 747 � 9 1. 320 C . CAL. % 34 43. 4 �\ . 28 4 . 0 AC. CAL 8 . 44 AC . CAL . \ I . oe Ac. CAL , 09 4i AC DEED �� , 45 952 362 N 6 2 . I I 1 40n 27 ta 36 2 \ � 11 1 16 ). 2 I 1V.!) . 1 ■ 1 43. 3 W r- X39 . , ti V 3 1 294 . 94 729 AC CAL 4 �? N tsi J3 • I y co • e It po 44 - - t ' t �� 6 AC .CAL " - - - - - X36 �ati • % ex . p 3753 710 . 58 23 . 3 N �-� 38 , 95 ` 1163 .05 52 . 94 AC CAL ' " 1 . 46 AC. ' 1, J1'" ,6 p CAL <r 81 I)) 5 • 0 - 1 - - -- - - - - 377 . 89 \% N .p ► . . , ' 37 , , - a I26 . 1 ✓ . -4 `, V5 236 3 48. 1 2.39 AC . CAL . I , 46 I 16.7 1- 2• 15 I 74C 0 _ 4 � D • t� . V N 47 26 . 31 J , 0 w pi 9 15 CP 15 . 0 AC CAL .' 25 - � •� • p 14O ' - - .-41 . 135 AC. Flo 569L . 1225 . 0 49 . 2 .A n 4 1 M ^-' • 12 • • COMMERCIAL ZONE C 3 Tax Map #7 ,.. V 451C-CAL 2.93 cu 25.2 j i t - . las 1 .• 29 30.2 - - , >, liti - 164 .e4 AC CAL 5212 " • 102 AC. IS AC • ... goo CAL = / 4 25.1 27.1 52 .14 . a icon 4C. CAL 2Cl�.LK va • Ili I . � 12 3.16 AC • s • 66.3 AC.CAL °` . • 23 • /� 5211 �B2 A„C. CAL . 1LG Ill , .. 11. 22i . .. 37 1.64 432 K 32.132 AC CAL. 464 AC '� I p •. . ;2 2 ' CAL IK � . 31 1 1St • • • 20 ' 14 •w $ _ nOLfTE ••"• 19 28 ..• ' • liniti oil 1 . • . . el; 79 AC.W 10.73 AC-CAL COUNTY 1 169 AC.CAL. 2T.2 . r . _ '. � t8 ... � � w." 148 .11 i I 1 1.65K s, y14.65AL \ 1 12 16® ,• SEE �SE•0 Gss e•• O i 11 r 2 4 AC. ,•. alb 1 • 112K . A - n 46 K s ,. 1 1 n• T.06 Y�, / • 1 1 . .• • .0 •• `Ut I' I BOLD M .� . A, •w.. • I ... . 1 616t.riAC 48.2 '• w 1.7•• � . 1 I 1 � A 209 AC- 1 �/ 1 w �.". 1 1 \\ 'j•• 48.12 •••• I I 30 r �,TL 1 • 62 . 5.96 K CAL ` ` `/A 1 63 199 ` 57, 46 AC CAL `_o 1 ••• CAL •� S. 1 14- 16 RGLLL. • W `• •.. � yam• .. V ,• 9 IL, ; ` •O�• 31 .92, M I 70 1 Is 3.67 AC.CA L . . ; •.• • , .• 82 .2 _ - 1 ••• • •• 83 16.66 AC CAL • • • \:. $71,1 mu • 1 `` 433 AC. \ , ' . 69. 1 96 • A.' 933 KCAL ` ' 8S - 10.64AC .CAL 6..2A' •69.2 , 94 • •1 ' 7.11 •/ 13 AC uA 93 j . ea 7. 7 AC. 95 °o . ••• --------------- 87 17. 94 L- .0 Ate. CRL 92_S I7.J_. G.• E Ac.cA 421 . CAL � . ti---- a• • 4-.4. 161C i „ • • 92. 5! ��% i •• A •aaS 92 . 21 92-4• w � . • : . e• : , . 92 .22 ' T. 71 Ac 42c: j , , ..1 10) ,. • , 2 A j • I O • Pt :t 125 c1L ..' • '.. • 97.2 C/ty:! . 81 �o • ' • 1 ' A 6 1 LB6 �/ C 'L6 ' INSET 2 - B9 - i' ei i • 13 I, • I COMMERCIAL ZONE C 4 I Tax Map # 10 , X98 v O lP w 22 v u w 15%' s N 0 • 23 TOWN HALL o N - �i v 24 m A 0 A2 V* 76 v 250 Q' 25 C4 . N `N e . " 66 it • 26 27 • A 1 . 22 AC . CAL , .0 ca 0� o N 44 J J 28 i19 ' - "�' ., . 2:9 ti 1 J • � 0 ' o I• . u, 30 ' '6 \26 % 45 7 7. 1 X00 J 1 - 0 • \ .n i;03 `n 5 : o " GUN ( �{ p I' o 1 4 S • COMMERCIAL ZONE C 5 Tax Map # 10 •-• sew / % • • , I ' O 44 a 28 � ' S n rS , . 25 % 124.0 ' , O . W30 '- , y6 \26 45 N o 31 Ioo 7 1 . 1 et 0 4 ' • RQV-o 60 � � 34 � 1 . 23 AC . N J o. � `( 13 .o : 9 CAL . GQQN 142. J . . y S 33 35 12 11 0 16 -S to / 32 C5 46 S 0 132 N C ,9 47 � . rr.� 36 146 178 0 I AC. CAL . a ISO 0. J al a , 94 !a 09 co X29'6 38 - IrSO 37 e, 48 -x 126 AC CAL : • 0 r . OF AC CAL \ - q 7. 5 :. :, . . _----_.:------- i \ OANHY VILLAGE CEMETERY • I 15 • • IF ei 1 . . PLANNED DEVELOPMENT ZONE 1 Tax Map ##7 and 10 Izs _ _ _ • • • Y. N. X01% as / 85 C,,/ / is. 25 Ac zb CC / '• Z i ga TAY- YVIap ri �S 7 i \t ° P�i% S • �0 \ SOP/�• 82.2 � ,.• BI 2 .> ' 114 .74 AC. CAL. '• : • /� ' 7.92 AC . CAL. EE \ 115 •' 0 / 1 .\ •^.. • r�• 7 1 \i / i ' ' .. �' '' A a A/ ,` 79.2 82 .1 , 7.46K ••• 10 AC � • .0 le f• WAS\ 79.1 R • 2 AC . CAL . e . xe 4U1 a �/ 1 -• • 41. 5 • 41.12 (P • AC \I .. 0 41 • '4 . 18T I I• 78 jO� • 4 OO AC. �, • • '® • / T • o 21 . 14 , . j . w • AC. • un it SEE , 1 , � i ; v`� 77.2 -INSET 2 \ t, e9 . i ) AC. CAL. 50 \ \ C 213 HI SO 75 , . 67 S u ' 4.72 AC 681 72• •• 68 .2 d ti• r 74 Al • 7. 61 AC CAL. 7AIC ./ \ 17 AC CAL. o e° 21. 2 N. • 20116 Ac. cAL / o J /� O \ ' / r r it V • bs • yd. 2 -`T�/--t • 1 IA • PLANNED DEVELOPMENT ZONE 2 Tax Map #20 • 9G• ` t f • ) LD • ETERY ` S7 A rE J z 9 3 0 . "' p.. . e° 897 3 AC. CAL . N 14os . ROV Tr. 96 B " 6 � 8 '� N N ^- 8 .4� 2zo ••■....,....... OI 3p0 Ise • „h 44 N h I N 0 I.n) 15 .Q 1- 03 / : • . � I n 8 . 31 8 . 33 co / / 2 .61 I 8. 5 AC. ICAL . 2 5 .3 AC 5 .47 AC M L _ m 0, • 2 0 - A .C . ^ ^ 0 O m _ m Q h " O ' 339 , 9 cd 4 . 2 . N 356 .4 14 5 � 8 . 32 52 . 51 AC • CAL 39 . 66 AC . CAL . 06 50 ' ' • 4 . 5 8 . 2 La 3 . 1r■ n 4. 18 AC . CAL . „ AC . vi ^ CAL . soo 0 N N 0 a O O 1O 241. 97 4. 6 9 1 - - - - 2 . 2 AC 5; 2 4 . 3 „ CAL . ." ITHACA CONSOLIDAT 6. 1 AG . CL+ L 345 . 37 ii se-H . SPENCER � � CEN AL 90i . 2 u"• I 19 . 61 . I 0 cl 6 . 01 AC . Z 18 1 ,",'; "' • • 4 . 69AC. CAL .' o ? 1 19 . 72 • 1 /9. 71 19. 62 I _ _ - -1 4 4 . 61 AC. CAL. S 5 . 74 AC . D ee 0 (/) . 7R9 1 1 / ' . ` ' • 11 PLANNED DEVELOPMENT ZONE 3 Tax Map # 14 to N. / 41. . AC. \ 41 . CAL . IN / N 'r 4' `f 10.2 7D! K / sal / I. 283 • IC • •••` / 5.11 •: \°r /........................14 f ay 660 K. N. • • • 5.22 / ••. 1224 AC . CAL. • y z Be / 3.2 • _ / •4 ••• r / ••s • SOP. / . 31.8 AC CAL 0 5. 21 / • y / � . \ ` 13 • MI w i4C \ //� 0. 5.17 4 I . • ` ttV /f//i • 5I - 6.5AC S / ru • \ / �� 5.16 • 5 `' '47 I 6.41 AC .•. . • 1 42 .8 AC.CAL I I MOO II 70 AC . D. a • 7 AC • 67 AC. CAL . •z •... - 16 044, OH 6/ •r • E 5. 14 2 .S V'-', 112 AC I - '0 I • he . ! n ' . II, � C �. 14 4AC . CAL. —w • 513 OY RURAL RYL TEAT ik • • 563 AC • • • ( 12 f • a • .Y . .0 9° 5, 12 IO6ACCAL �• w• 15 • lit ° 216 "C _ se Ac. c ••• n 0 L 0 • •1 •q1 I5 • • I9 18 PLANNED DEVELOPMENT ZONE 4 Tax Map # 14 :7- I • . v . / ,,n 0 s • y . / " 9 ` 966 AC . 0C°? CAL . 1 ti/ " 3) 8 s, T / ,a 7� 10 . 2 4.3 ° 7. 03 AC o, � to 10. 1 I " 6 �' 0 "Jo 2 .83 0 IC DL ° s \ .p 90O / 5 . 11 "Si ;GT s F ' +, 6 . 60 AC . a I N f. / 9 co 5 . 22 I sos 3 c) 12 . 24 AC . CAL . h I I 4° 3 . 2 > • • Z 401 . 55 I 2742i h , . 8 AC . CAL . 5 . 21 7. 3 AC . / I �°r3 W 9■ 0 - - - - - - 703 . 74 J 0 5 . 17 JJ I e " 6 . 5 AC 4 50 ' 662. 67 ' 2 4. N 5 . 16 5 . 0 . r' 5 . 41 tC 4 b 6 :. 2 3 3 " 42 . 8 AC . CAL . 4 . 4 . C77 . 55 I 1 7 AC m 70 AC . D . 67 AC . CAL . 867. 31 '= 515 4 . 31 � r r SAC, N o 673 . 39 5. 14 0 ' N 4 . 32 al tn 1124 aC "' 5 to to 5 AC. . 170 879 . 24 N 9 0,59 1 . 2 5. 13 - 19 ry • PLANNED DEVELOPMENT ZONE 5 Tax Map # 1 23. 1 23 . 2m I . 09 AC. /f 1 . 208 • •• 0 1 . 69 233 N AC. C. I. C�tAC " h N v 0 660 22 . _' rn am o m h 13 E60 52 . 33 AC . • . CAL. I " 0 • 12 " • . CAL . 1160 S 1710 S • N y 24 0 0 • N N 10 b 75 AC . —*. 50 ' 885 S 2245 5 1o � s S IIx N 1-- 0 • CC ^ 0 - • 25 . 2 - 25 . 1 I.L. 59 . 62 AC. CAL . . 6 . 38 AC. ° I : AL . I t 51 Y. ..------\" .. i.elI CO N W c F-- 1020 S JERSEY HILL 1180 s ROAD ° 940 5 1 550 D 225. 44 Pon 260 S 1225 5 i- - N 26. 8 . 26. 5 / 26 . 4 07, 1 .27A e I . IAC. Z o CI 22839 200. 3 ve 6 AC . CAL . : 0 300 "7 26 . 7 26. 2 0 c 1 .58 AC 0 'n0 nn • PLANNED DEVELOPMENT ZONE 6 Tax Map # 10 1 , • 3950 S • ` O . : A nn 66 . m I N C y -.--- rn N ISO ISO 146 . s ^ 17. 7 291 . 5 ocp\ tn 131 1 .35 130 1 . 18 7 AC 1. 08 1 . 06 . 19 . 37 AC . 36 CAL AC AC 1' 2 .7 AC CAL AC . SEE 150 CAL N CA - _ N 0 155 t 1 4 ^ O N I . I ° 1 . 6s 1 .7 2, 1 6 I s d INSET I Vido 150 1500 160 GUNDERMAN 1029 ROAD ; ; 4125 205 263 . 6 _ la - e - Sink - - Io 200 194 200 19x • 6 160 400 3x 240 ( COUNT ROUTE 128 o 1 . 20 2 300 240 240 . 8 1 . 3 1 . 14 a 1 . 16 0 1 . 13 0 1 , 9 ° 1 1 .. 17 N N N N N 1 . 84 AC . " 1 . 1 AC . 1 . 28 10 200 194 L - - v'. 1 . 2 7 1 1 . 26 `- 1 . 25 n 2 .96 „ 3 . 8 1 . 21 3 . 71 AC . n AC . . 222 M 3. 1 AC. CAL " AC CAL 1 8E; 3 . 71 CAL . ' CAL : 6 . 38 AC CAL AC CAL AC CAL 400 , (� r 123 i4t, 300 240 3465 3549 . 7 A 708 19 . 1 • 87 . 7 AC . 0 • 3687. 3 900 26 ; ----------------_- . .. _ 21 21 . 15 „ 4 A •�, , N 14 . 94 AC . 'co el' 21 . 12 • . 128 . 93 AC CAL o 2eQ 632 •0 2 / 6. . ?J ., 0‘321 . 16 (I- �9 � 139 h `J • ` AC 3 . 21 : . .._ PLANNED DEVELOPMENT ZONE 7 Tax Map # 10 \ -0 ft L194144 5° c 700 • r U, X69 412, . • 66 A , 0 822 0 • VA 66 P I .87 cf■ , , 41. 3 SAC `` ' e • -, o In 2 ° Z .j 0 !. • Y . 03 4 46 N1 \O N 42 ° •900 won '4.-- 202 . s ' �k�` ' 2AC . N i L • / \ • \� - - / 45 % . . 4 9 i . . ` � m 1, 21 . 14 `;mN- = 12 . 24 AC . CAL ' in 21 . 15 ` ` 0 " 4 A C •• �* N " 14 . 94 Al . SEE_ N \ m kr \ • 0oS - \ vo D 632 z IRSET 2 �k 276. 4 2?J 5 0 - _ � 0 V� 21 . 16 J O '\ 1 . 39 21 . 3 \ AC •911 ( °' . t. a I. ` � � \ - 2 ° 76 el .21 . 132 9 Po�� )21 , 4 p � 2 5 " 75442 2 .06 - • . 67 0 °� ti' .46) 21 . 1 1 o sac c6 ,`° = X4. 72 AC 68 . 1 -J° 72 2 .74 AC ti° °° rt. n ; 73 r 21 . 11 i; ° 4359 .e , ,ti "a Ai • GC• 34 Ii \ • '54: • . I . 27e . . _ • J9 68 . 2 • '�►c • �° 198 . �e�1 . 13AC �� 00 2'�.0 ") 1 .41 •• '''•71 55\ \ 1,� , I .7ACQ 7. 81 AC . CAL . AC.N/ A y . `t4. � 57.43 ' '9 P t 56 °°, 1�# 5 .Ac . o ti v uvi 57. 44 `' � � ti / t? 4 . 5 AC . CAL . ° ti • ° 57.429~ 1 :82 g . i� 21 . 2 70 / N act- CO Is 3 ?�° , .ti . �o7,�• .a 20. 86 AC . CAL . 6 , 0 CAL . o .r < '° • ,° • 1 . 93 A . ∎ �, �9 0 9 J >1, Z. ti �, .•• • .r`7 °s '1'i 9s , , 57.413 '9 v•es ��°`'S7. 5 S4 4s. 134 I AC. '3 ,0 h r I 1 .36 AC . •a 57. 414 57. 411 / - No . 1 AC. --� I AC . I So '• 5 57. 412 \ I AC. ` . • PLANNED DEVELOPMENT ZONE 8 Tax Map #2 , ' • • I 24205 .0 13 0 r 19 � 6 r 7 . S • 230 C. 1 % 22 . 28 22 . _ 222 : to cr. rn N1 N • 2 2 . 11 -A CI d N " N N N N N 0 • 18 1' 01 9 99 1 . 4 AC M 1 AC . d c3 cj i . l I ACC . i N $ N 7 1AC. Th NaN (VamNaPNQ :. Na so 0 22 . 29 . , . , 4 : Z ,a i N N * N N _ 0N ?-Q N 9 249 . • 1) �2 2 . 2 n ° : T TER J.6 ; : 7. np g3 161 . 50 15802 108. 6 121.46 17944 1 . 6 AC . �� z �9. w ,3 tt 1 3 • . • L ' 194.42 . ; t 294 . 89 ? 3� '� ° 14L2 l L'J 0 m D � (f• Q .ti. 13 . 5 IC . to , 22 . 33 . : 22 .3m 0. 22 .37, m. U 22.41 _ Ncv`a' N ti s, 22. 30 a 13 AC. I AC, a - 1 AC, a° u N MC-$ r: • 2 AC roN N - " sz � 84 2)0 - ry 222 . 43 rn < M n < N N - r3 , 1 . 5 A N o • N Cu'.! r1B1 n , 4j4 338 .50 22 . 32 22. 35 N M N 20. " • . o ,R 22 .36 N - I AC'(\l < 6 21 - Q „, 2 2 , 31 I Ac, N 1 AC . ° I .I Ac. ' ,8 1th . 2.44 `- N - ' 1 . 5 AC . N 191 5190. 01 - 4 234.82 - yt03 : 4 444 78 3181. 90 .02 A ' : •. 303 .36 - __ . -. _ -- - 425 3 -- X91 . 44 X97.06 176. 29 11116 . 1094 01/4 23. 12 m ' 23 . 13 • COLD TOWN ROAD NO . 48 ) �� AC. 310. 62 - 3. 18 23. 19 o �„ 4; - 1 . 13 "• III - 4, . . • 23 . 14 . AC. ? AC , \ 23. 11 ! 1 �sAG 1 . 1 : y Is_ . . 23. 15 23 . 20 N 1 .55 AC. °a .) 0 I AC, N 4:0 1 . nt1 ' : 30 m J O OI I. 1 Z ; si 1 .,..) n 23. 10 � ' 3. 16 18 .76 AC . ' 1 . 50 AC. a „ 3 . 4 . • 4 Arll 3}9 • ; 23. 1 I .o i ' I AC. ^ 1. 3 2 N 23 . 9 " '; ,1 ACS AC. y re . 3t 1 . 29,y4 ° 3 . 5 1 . 08 AC. CAL . _ --- -. e J' • i, :.9W ! RR 9 hp . ,$J � AC. c 952 23 .8 a o� v \ '� , P ,> 1 . 7A0:1` 23 . 7 . ;, 2 3 . 6 ICI . \ \ • g' 1 . 45 tC • - 1. 334C. 04 • s \ . 21,545 33 4 1 17 ,71 •V•n 4 .0 23 . 2 __. __ _ _ _ ___ __ __ __ _ __ % 42 . 14 AC. CAL , . 23 . 3 0 52 . 94 AC CAL 4 N ---) W 4 • F . W I Ct • I 342 962 1 , • 11 : i I I I 23 - J 1 PLANNED DEVELOPMENT ZONE 9 Tax Map #2 -, FA 255 x34 , 225 . 11 W-4; S 1 . 1 1 379 250 ; • r 249. 56 W .9 4 . '78- 46 78. 4 i7 " 194 .42 . 'c� m 2.8 AC . CAL. " t Q,. V c . Q5 a 4.22.41 _' �. c.i V N c x ' AC ` NN - N ~ 22 . 3 it° : n 20+ '+ r� 3.31 AC . CAL. 1AC. f2 c\j4 X21 - 1 N 0 .4411N -318180 2 .02 AC.. A . 38• -.- - - - - 255 tan • 20 ° 1094 133 z105 200 r N 1120 5 DWN ROAD NO. 48 ") ) �, 31N o. et r 33 51' 1 K ° . � 1 . 43 tl ° j I: d N .tot Tii 32 8. 31 AC . CAL . \ 30 1 in 18 .76 AC . 3e' 9 s 1D o • 7 \\ 1. 32 AC. CAL. " 34 43. 4 '\ ° ' 4 .0 AC. CAL • 1 . 08 AC. CAL . -- 40 28 4. 1 AC . DEt= D 8 . 44 AC, CAL . \ \ 1 145 952 362 27 1 6 \ N �y> I . b3 AC C,AI°. 3 r C. 145 E::::: 36 2 110 .5 I . . 23. I 4 163. 2 l Q t31 0 6h i R tr r 4 3. 3 `'s . w I L'° f ° 39 tbtio I x9 . 94 ° 7. 29 AC CAL 'le O 44 N J3, 2 2 1 • ' n Q 4 r: 136 ti 4� 6AC .CALr'ill 01 1 I t ° • - 23 . 3 ° 3753 710 . 58 38 p�°y 00 'L � 1, 93 . 0 52 . 94 AC CAL „ AC. Jti CAL N-V 890 . 1 -4 •) I % 45 4 -- __ ___ _- 37 0 377 . 89 `. - " I JD I261 u " 005 236- 5 4B. 1 2.39 AC . CAL . 5 46 1 26.2 '• i � 2'35 74C p •� � w ► 16�I N 0 47 is 250 N ir 26 .31 59 15 w 15. 0 AC CAL 25 N ' - . �� 1 . 85 AC. 140 570 1225 . 5 509L . 49 . 2 w 4 1 Ar 'l -1 . _ v PLANNED DEVELOPMENT ZONE 10 Tax Map #9 . 1 `;� ROAD . ROAD _ 609 S 905 120 Ltd 1 1475 178. 18 175 17H 449 NI ' N9 . 21 -.9. 22 9. 23; A9. 14 1 . 46 1 . 48 aI , 1. 4 R AC AG i 1•• ... � , 9 . 3 1 /5 179 9 .4' I 19 . 12 AC . CAL . 9. 6 10 . 08 AC . m w 9. 12 W tD 5 . 2 AC 0 UL 26 . 9 AC , 533. 4 IOC () S p 1097, 9 N 10.1 en to en 0 11 . 33 9. 95 A C. CA l 11 . 5 11 . 311 11 . 32 1%4. 1 .16 AC N 35 . 64 AC CAL U I 225 7. 92 AC. CAI I ,- 25 1530 s 0 11 . 2 z m 0 120 � 16 . 87 AC. CAL - O • to a tr u M - o O 0 0 U, I.0 250 11 . 4 81 . 15 AC . 250 10 . 69 A • u • 0 i11: 0 '... 969. 5 208 225 1267 I2 0 ~ 13 . 1 1 AC . CALN,, m ° - - - - - 1 . 14 AC . 15.3 225 .a b ° 13 ,4 223 • 1425 $ 13 , 6 1 0 0\ • . I . 95 AC I1 13.7 N 975 N N a 13 , 5 v,, O co O O'4 6 . 69 AC til 975 a7 0• 13 . 2 • 0 IU 25 . ti PLANNED DEVELOPMENT ZONE 11 Tax Map #4 6 . 11 6 . 3 ) TOWN OF DRY- DEN 2 . 81 AC ra,, I` '67. 9 1120 S 290. 4 0 I DI STR 1 AC - 1AC. - 0 6. 12 7 8 102 ILII o Q 69 "' 3 . 3 3 . 95 290 C. a �O(iT�s s'° `'� 0 2. 1 AC CAL AC. CAL 50 ' I kiD A . C . „ 9 • �/9 .a • „ ..--1 . 2 AC . 11 . 2 0 s � I • ' 23 . 92 AC . CAL . 11 . 58 'y '5 3 I A . 1 . J 0 'sa n . 3sys 2 c' 49 °1/4 J 10. 18 : 12 . 2 'rr0 0 o m ti ' 0. ao 'OJ 2 . 15 AC 12.1 s "° 44 0 / V in .; ti a 9 . 3 2° CAL . ' I2. 11 . 4 it do P. 9 13 J • 4 AC / 5 s' o bry ,14 6 se CAL o/ 24 : 2 2 . 'rJ . %o P n•„ 2 2 .05 AC '°o P tiP Cr s • o ' 0 �)3 -• ,0 15 •. % �� JJ ? P 1 00 ° I moo �o° 16 v a: X19 / C� °' 20 .4 �'T• r°� s "° 3 .007 18 "re/ 4.0 w 2 . 48 ,; ``20. 31 ) '0, �0�. N AC ti. 21 0 ,r* p 4- /PO •• 1 9.7 ACCAL: s9 . 20.32 O r "ot °` 20. 1 • ati90 7. 17 AC CAL P Q) N N r_ 27 . N I 26 AC . D . a In 1 28. 58 AC . CAL . m 5 ClIr • • 20 . 21 . • / 15 . 15 AC . CAL I • r ate • 1 4 . . . PLANNED DEVELOPMENT ZONE 12 Tax Map #2 2-1 a '` „W a C. 34 43. 4 \\ . i ?g 4 .0 AC. CAL 8 . 44 AC . CAL . 4. 1 AC DEED \ o 40 't o h I oLl N� ,n� N 43 . 11 3 , 45 315 •• 9/ eos 5,0 • 150 i. I!. / v 163. 2 12559 130 / .. AC m %-s%.5 , 6 I 43. 3 `'� , 42„ ' Y r 39 •. 0ti' N NI e r 294 . 94 s 7. 29 Ac CAL N L4, a N 43 . 2 150 1 Op 44 6 CA 6 AC .CAL " 57. 83 AC . CAL . 1 �y nI e ■ tiw ^,1 3735 710 . 58 1405 3 , 38 Oy i1 �A 1183 .03 .� 1 . 46 AC. °� ti0 JtiV 48 . 3 '' CAL <r n 890 . 1 y 1 L n 7. 2 AC "' - 45 o 377 . 09 500 37 isiCal. .0 • .9. / `, 0S 26. 3 st 46 48 . 2 _ .--t w O ' 1ST N L''' 41 . 5 AC 0 -A 47 iI w 0 m U 99 g ' 0 IA .0 N 0 i 140 y I c C. ° 03 570 7097.6 w 49 . 2 J N 4 . I AC. N 44 I • n 290 I) / 49. 1 4 9 . 3 1 . 5 AC 6 ' 75 . 22 AC. \ • w . O 0 WI l ±on 24 ° .. • . . 1 , 4 50 ..../ . N 0 b 3 . 20 AC . CAL . 269 I •••- 20 0 27 N PLANNED DEVELOPMENT ZONE 13 Tax Map #29 . 4. 53 AC . CAL . 3 . 3 0 h \' 2 . 2 m N on 16 . 89 AC . N 14 . 32 AC . CAL . co co 0 �1y Q / 42. 25 Cr 670 5 to 1033 .16 - / * 0 57. 11 . ° 6x2 3 . 2 2 . 1 ° ry" 3 . 62 AC . " ( vi 7. 34 AC . CAL . n N n 936 . 42 3 . 4 2 . 3 N 3 . 65 AC . in N N 40 ) N q el 7. 34 AC . CAL . N o 3. 1 0 PI 1000 s e‘ 1 . 8 6 AC. N 405 165 / 192 300 8 . 5 0 „ 8 . 1 „ IN 192 " 1 . 72 AC." 300 c; O 8. 10 8. 6 N • - ... - - - -- 192 - - - 8. 9 8 . 2 to . - .... 24 . 35 AC CAL^ N ' r 0 m 4- I c I o 8. 7 350 L 60 • ~ o _ o Tie O N • • 120 0 ' • 8 . 3 8 . 4 • ' l ' z N • D N 9 . 68 AC . CAL .N 9. 65 AC . N ' o ° o m I • I O r LARUE � I590 ROAD325 I tt sew I I 28 " PLANNED DEVELOPMENT ZONE 14 Tax Map #2 .2 ' • a1 20414 �, 3.31 AC . CAL. NJ < ° 21 13 N - - N �G 397 'u tat 90 2.02 AC. A - -...s: 25 9 - ON • 20 0 133 2109 200 di c t120 S Z NO . 483 ) . 31N °' 51 ► 0 0 to " 33 • 1 . 43 •in 0 128 el. • : I : 4 ,A, o� 4 32 8: 31 AC . CAL . if 1 30 18 .76 AC. -se\ 0 N \ 1. 32 AC . CAL. ° 34 43. 4 1\ It ' 03 4 . 0 AC. CAL . 44 AC , CAL . ■ 1 +' . 08 AC. CAL . - ----- 40 28 8 4. 1 AC DEED 95 ? 362 662 . 1 1 • \ 0 27 N at:. 4pl, 1 . 83 AC CAL?. 35. 1 1 ~ ' + s 315 • I[ 39 2 f 510 . 1-.. 7 AC , 23. 1 m 1315 iv 163. 2 di 43. 31 39J ti ► f' rte- t 0 ti L. 13 0 7. 29 ACCfiL ,e) 0 B9 1 294 . 94 20 ` O 44 rw ! 3. ? V TV ' h Q' __ - __ - - - - - __ - , 36 � , �° 6 AC .CALC• V I , eA • a 3753 710 . 58 23 . 3 N 38 OS i1(V� 1193 .03 52 . 94 AC CAL N IC`4`6AC. °� ti�JtiV 48 . : 56 " 990 . 1 •;_ 7. 2 A ( �i 0 377 . 89 \, 45 ± - - - 500 1 - - - 0 37 e °` 26 . 1 �, %105 23 6. 3 40. 7 I . 2. 39 AC . CAL . 5 , 46 1 26.2 :• '-. ‘6-1 74 : 0 .. . D5 a p• VV.: N 0 47 W W 26 . 31 250 9 m 15 .0 AC CAL 0 25 T../ 15C • •to 140 - - 1 . 85 AC. 0 570 DAL • 2097,E 1225 , 5 j 9 /19 . 2 1 l `. 1 4 . 1AC. 1 290 pi 17 7, 6 " 49, 1 N - 1 . 5 AC 49 260 75 . 2 . • \ W 1 I 29 PLANNED DEVELOPMENT ZONE 15 Tax Map #2 25 $ I �_ Mlle DANBY 3 2054 N 2 . 02 5 7505 FIRE % 67 59 ° COUNTY ROUTE 300 awe 128 31 9235 2 AC . Jos 99 QAC. CAL . �7e2 �`S 3 . 81 A 62 495 5 COMFORRT2oo 416 ROAD. snt 2 . 21 a 2 O C 2 . 1 v r 8 . 1 0 • .ri D 7 2 . 85 200 4, 7 AC . CAL . 5 30 11 . 29 AC CAL 725 �' 4 . 66AC I . / 1 . 2 AC CAL ca 21 . 1 n 252 9 . 10 544 THACA 16 , - 18. 3 AC . CAL . 25 . 13 AC . CAL , 3 . 94 AC . w 6 2 . 25 AC . 4 • • 1 300 12 2 . 22 - o 179 . 5 6 . 1 N . � 4 °15. 1 - • f 1r o • AC CAL 4 59 AC . ' s17 • . ° 2 N t. 14 ~ 6 r,C3 o o N 7 0 • 16 M 660 0 284 0 1256 . e • 113 AC 15. 2 . . ‘\ ' 2735 S 17 153 . 4 AC. 2920 S ■ 416 . 66 207. 20 190 159 163 146 1 1E0 166. 75 255 22 . 28 N22 .27222 : ' A d ,, M N • N 22 . (---:\1 9 o I . 4AC IAC N IAC. " N �cNNUQN mN� .. Na I . III m °� B 7 N4 NamN^ 1aoNQ • 2 . 2 22 . 29 : . • 1 . , i .r! ; TER 73.6 , : 7. - 1 O53 � 16x50 w 158?02 108. 69 259 • 1 . 6 AC . F 1) L ► ` 194 . 2 &4. 83 .r • ^' 22 .34 3 . • ,. 1 145. 12 m '8J2 4. 22.' 13 . 5 AC . 'o 22 . 33 . _ 22.37 22 . 30 13 AC . I AC, m - 1 AC. • 00 Li MOB'• d: c '43 ) Ac el r MQ col ? 1 . 5 A 71232 . 84 210 17222 . 43 - N 43 UP n 22. 36 NN. "' NN_ ' c 3 ;a-50 0 22 .36 N - M N Z0`1 I AC. VI C II a !9 9% a „ 22 . 31 '-• IAC. 21 AC . re 2 1 . 1 AC. . 7s '` .' 22.44 - c I . AC . N tel '3190.01 /6 234.82 BOA 24 454.78 303 . 56 _ __ - -. - - /1„) 191 . 44 1 97.06 Z I 176 . 291 181 ,66 1094 .11911.414 � 17 a 7Z I / na n r .. . . . . 'In ■ < � qi i LUTION #72 - 1991 J° � �1 1l , I '? ESTABLISHING FEES FOR BUILDING CODE, ZONING ORDINANCE, • SUBDIVISION REGULATION, AND OTHER ENFORCEMENT ACTIVITIES WHEREAS , the Town Board of the Town of Danby has adopted Local Law No . 3 of 1984 for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code; and ' WHEREAS , the Town Board of the Town of Danby is in the process of revising and updating its Zoning Ordinance ; and WHEREAS , it is contemplated that the Town of Danby may enact subdivision regulations for the Town ; and WHEREAS , the Town wishes to provide for fees for permits , review , and related matters in conjunction with all of this legislation , NOW , THEREFORE, it is RESOLVED , that the fees set forth below shall supersede any other fees established by any prior resolutions of this Board ; and it is further RESOLVED , that the fees set forth below shall take effect January 1 , 1992 ; and it is further RESOLVED , that fees for the items set forth below be calculated as follows : 1 . Miscellaneous provisions . (a) The Town Board , Planning Board , or Board of Appeals , as applicable, shall hold no public hearing nor take any action to endorse or approve any application until all applicable fees and reimbursable costs have been paid to the Town with receipt therefor provided to the respective Board except if costs are deposited in escrow as hereinafter set forth , action may commence unless the amount in escrow is found to be inadequate and the applicant has not replenished the escrow account. In that event further action by any board shall be suspended until the applicant has deposited the appropriate amount back in the escrow account. (b) Fees shall be calculated by the Code Enforcement Officer. When an escrow deposit is required , if there exists any question as to the required amount of escrow , the officer collecting the fees may consult with an Engineer retained by the Town , whose calculation of same shall be final . I Such fees shall be collected by the Town Clerk or the Town Clerk' s designee who shall issue a receipt stating the purpose of the payment . This receipt must be filed with the application as evidence of payment. ti 6 \f)) 469-7 1 fees. res, wp51 danby, 12/17/91 5:50pm (c) All Application Fees paid to the Town in accordance with the fee schedule shall be non-refundable unless miscalculated or unless refundable under the terms of this resolution . Except for unexpended escrow amounts or miscalculated fees , or building permit fees as set forth below , no funds paid to or deposited with the Town for review or inspection shall be returned to the applicant should an application be disapproved by the Town , reduced in scale by the applicant , or otherwise partially or wholly abandoned. . (d) For purposes of calculating fees , if the proposal involves a dormitory , two bedrooms shall constitute one dwelling unit . (e) Any inspections relating to building permits requested outside of normal business hours will be billed at the rate of $ 15 . 00 per hour (minimum charge of 2 hours) in addition to the permit fee . 2 . Building permit fees . (a) Building permit fees shall be calculated based on the value of the improvement to be constructed . Until otherwise determined by the Code Enforcement Officer, the value of the improvement shall be calculated as follows : (i) $75 . 00 per square foot of construction for residential , habitable space . (ii) $35 . 00 per square foot for non-residential space (e . g . commercial) or residential non-habitable space (e . g . decks , porches , accessory buildings) . (b) Building permit fees shall be as follows : Value of Improvement Fee Up to $2 , 000 $35 . 00 $2 , 001 to $25 , 000 $35 . 00 for the first $2 , 000 in value plus $2 . 00 for each additional $ 1 , 000 in value or fraction thereof $25 , 001 to $50 , 000 $ 82 . 00 for the first $25 , 000 plus $ 1 . 00 for each additional $ 1 , 000 or fraction thereof 2 fees. res, wp51 danby, 12/17/91 5:50pm X.- 3T $50 , 001 to $ 100 , 000 $ 107 . 00 for the first $50 , 000 plus $ 1 . 00 for each additional $ 1 , 000 or fraction thereof. $ 100 , 001 to $500 , 000 $ 157 . 00 for the first $ 100 , 000 plus $ 1 . 00 for each additional $ 1 , 000 or fraction thereof. $500 , 001 to $ 1 , 000 , 000 $ 557 . 00 for the first $500 , 000 plus $ 1 . 00 for each additional $ 1 , 000 or fraction thereof. $ 1 , 000 , 001 to $5 , 000 , 000 $ 1057 . 00 for the first $ 1 , 000 , 000 plus $ 1 . 00 for each additional $ 1 , 000 or fraction thereof. $5 , 000 , 001 to $ 100 , 000 , 000 $5 , 057 . 00 for the first $5 , 000 , 000 plus $ 1 . 00 for each additional $5 , 000 or fraction thereof. $ 100 , 000 , 001 to $500 , 000 , 000 $ 24 , 057 for the first $ 100 , 000 , 000 plus $ 1 . 00 for each additional $ 10 , 000 or fraction thereof. Excess of $500 , 000 , 000 $64 , 057 . 00 (c) Notwithstanding the foregoing the following fees shall supersede the schedule set forth above: . (i) Building fees for installation of one mobile home regardless of the value of the improvement $75 . 00 (ii) Inspection fees for inspections of mobile homes (tie-downs and 3 I . fees. res, wp51 danby, 12/17/91 5:50pm anchoring only) on existing site $ 15 . 00 (iii) Installation of swimming pools $45 . 00 (d) In the event that a building permit must be renewed a fee equal to 50 % of the original building permit fee will be charged prior to re-issuance of the permit . (e) In the event that an application for a building permit is not approved , the applicant shall be entitled to a refund of 75 % of the fee paid . 3 . Other Code Enforcement Officer Inspection Fees Not Related to Subdivision or Site Plan Review Processes . (a) When a certificate of occupancy is issued in conjunction with completion of new construction for which a building permit fee has been paid , there shall be no charge for the certificate of occupancy . If a certificate of occupancy or certificate of compliance is requested independent of construction for which a building permit has been issued (e . g . , an application for a certificate of occupancy evidencing compliance with all applicable rules and regulations when the property changes hands) there shall be a fee of $50 . 00 for the issuance of the certificate . (b) Whenever an inspection is required by laws other than the Town ' s Zoning Ordinance or Building Code , such as an annual inspection of areas of public assembly or multiple residences , the fee shall be $50 . 00 . 4 . Application fees and Public Hearing Fees . (a) A non-refundable fee shall be paid along with each application as set forth in the Schedule of Application and Review Fees annexed (the " Fee Schedule " ) to cover expenses related to the administration and processing of applications , including agenda or public hearing notice , clerical processing , and preliminary processing of the application by planning and/or engineering personnel . (b) Whenever an application or appeal is filed with the Town for which a public hearing is required , there shall be paid simultaneously a fee of $50 . 00 to defer the costs of publishing and mailing the notice and application to appropriate parties , and the cost of transcribing the proceedings relating to the application or appeal . Such $50 . 00 fee is included in the Fee Schedule set forth below as part of the initial application fee (e . g . an application fee of $ 100 . 00 includes the Public Hearing Fee of $50 . 00) . 4 , t • fees. res, wp51 danby, 12/17/91 5:50pm . . ' (c) If the hearing continues for more than one meeting necessitating re-publication and/or re-noticing , an additional Public Hearing Fee shall be paid prior to each continued hearing . If the matter continues for more than one meeting but the subsequent meetings do not require a public hearing , an Agenda Processing Fee shall be paid prior to each additional meeting at which the matter is continued without a public hearing . In the discretion of the Town Board , Planning Board , or Board of Appeals , as the case may be , or the person designated to collect application fees , additional Public Hearing Fees or additional Agenda Processing Fees may be waived with respect to any subsequent meetings , particularly if the continuation was necessitated by actions of the Town officials and not by the applicant . (d) The above fees may be waived in whole or in part , or may be modified by the Town Supervisor, or the Code Enforcement Officer, for good cause shown . (e) In the case of Subdivision or Site Plan applications , the Planning Board , in its discretion , may waive the fee for a final plat in those circumstances where Final Plat or Plan Approval is given simultaneously with Preliminary Plat or Plan Approval . 5 . Review Fees . (a) A Review fee shall be paid as set forth in the Fee Schedule set forth below . Such Fee is intended to cover part of the cost of professional services , including , but not limited to , engineering , planning , legal , and other expenses incurred by the Town in its review of the submitted application materials for Preliminary and/or Final Subdivision or Site Plan Approval . (b) When the Review Fee set forth in the Fee Schedule is calculated on a per lot or per unit basis the Review Fee is non-refundable unless denominated as an amount to be placed in escrow . (c) When the Review Fee is stated in the Fee Schedule to be the Actual Cost of Review , the Review Fee shall be such actual cost of conducting the review as determined and billed by the Town . The basis for calculating such cost shall be the actual costs to the Town for independent consultant services , legal services , engineering services , planning services and/or any other services or expenses of outside consultants plus an amount intended to reimburse the Town for the time of Town staff (Code Enforcement Officer , Planning , Legal , Highway Superintendent , and others) devoted to reviewing the proposals . The amount charged for Town staff shall be determined by multiplying the number of hours devoted to the proposal times hourly rates as determined from time to time by the Town Board for various staff positions . 5 _ . , • & . Ii fees. res, wp51 danby, 12/17/91 S:SOpm (d) An escrow agreement providing for the deposit of the amounts set forth in the Fee Schedule in the form directed by the Town shall be executed by the applicant and the deposit made in the amount set forth in the Fee Schedule . Sums so deposited and not utilized in the review process shall be returned to the applicant within a reasonable period of time after the adoption of the last resolution finally disposing of the application (whether by granting or denial of the application) . At the time of such return (or if no funds are due , within a reasonable period of time after final disposition of the application) the Town will provide an accounting of the expenses charged to the escrow account . (e) If the review costs are estimated to exceed the amount so deposited and additional fees are deemed necessary , the applicant shall be notified of the required additional amount by the Code Enforcement Officer and shall add such sum to the escrow account . (f) If, in the judgement of the Code Enforcement Officer, the deposit provided for herein exceeds the anticipated reasonable review costs , the Code Enforcement Officer may adjust the deposit to reflect the anticipated review cost . (g) Unexpended escrow funds deposited as part of the Review Fee may be credited against deposits due for the Inspection Fee , where such is required , upon the filing of an application for site development or the construction of improvements . (h) For purposes of determining the amount of escrow the following shall apply : (i) As part of the application for Preliminary Subdivision Plat or Preliminary Site Plan Approval , a preliminary estimate of the cost of improvements shall be provided by the applicant ' s Licensed Professional Engineer along with the other items required for a Preliminary Subdivision Plat or Preliminary Site Plan Application as set forth in the Town of Danby Subdivision Regulations and the Town of Danby Zoning Ordinance . (ii) As part of the application for Final Subdivision Plat or Final Site Plan Approval , a revised estimate of the cost of improvements shall be provided by the applicant ' s Licensed Professional Engineer along with the other items required for final subdivision application as outlined in the Town of Danby Subdivision Regulations and the Town of Danby Zoning Ordinance . (iii) In the case of subdivision applications , the terms " cost of improvements " , " improvement cost " or " project cost " shall mean the costs of construction of all general site improvements (whether on or off the specific site involved) to be 6 T fees. res, wp51 danby, 12/17/91 5:50pm constructed by applicant such as grading , roads , drainage improvements , sewers , water lines , and other similar items but excluding the cost of dwelling units to be constructed on the subdivided lots . In the case of site plan applications such terms shall mean the costs of construction of all site improvements (whether on or off the specific site involved) including grading , roads , drainage improvements , sewers , water lines , buildings and any other improvement of any nature whatsoever to be constructed by applicant. In both cases such terms exclude land acquisition costs , architects fees , engineering fees and other similar non-construction costs . (iv) The estimates provided with the preliminary or final application shall be considered , along with the other items of application and anticipated review costs , in determining the amount of review fee escrow . (v) An estimate of the cost of improvements provided by the applicant and not by a Licensed Professional Engineer may be accepted when in the judgement of the Code Enforcement Officer such estimate is reasonably accurate. The Code Enforcement Officer may adjust such estimate and the estimate as so revised by the Code Enforcement Officer shall be the basis of the escrow deposit calculation . (vi) In no event shall an escrow account be established with less than a $200 deposit , which amount shall be a minimum regardless of the amounts calculated pursuant to the Fee Schedule. (i) In the case of clustered subdivision applications , the fees set forth for subdivisions shall apply . (j ) In the case of applications for rezoning (which shall , for the purpose of this fee resolution include any application for a planned development zone under the Zoning Ordinance) , a basic fee as set forth in the Fee Schedule for initial review of the general plan by staff and the Town Board shall be submitted with the initial application . When the rezoning is referred to the Planning Board for recommendation , the fee for Site Plan Review -Preliminary Plan shall be paid prior to any further review of the general plan by the Planning Board and prior to any recommendation by the Planning Board to the Town Board . If the Town Board approves an application for rezoning upon recommendation by the Planning Board , and when specific development is proposed , the fee for Site Plan Review - Final Plan shall be paid to cover the costs of further review by staff and the Planning Board . (k) In the case of applications for a Special Permit, a basic fee as set forth in the Fee 7 • . .,) ■ • fees. res, wp51 danby, 12/17/91 5:50pm Schedule for initial review of the general plan by staff and the Planning Board shall be submitted with the initial application . If the application is referred to the Planning Board for recommendation or determination , the fee required for Site Plan Review-Preliminary Plan shall be paid prior to any further review of the general plan by the Planning Board . If the Planning Board approves an application for a Special Permit conditional upon approval of a final site plan or in any other circumstance where further review by the Planning Board is required after preliminary site plan approval , the fee for Site Plan Review - Final Plan shall be paid to cover the costs of further review by staff and the Planning Board . 6. SEQR-Related Fees . • (a) In addition to the fees required as stated in the Fee Schedule , the fees for review or preparation of an Environmental Impact Statement involving an application for approval or funding of an action requiring preparation or filing of a draft environmental impact statement shall be determined by the lead agency for each such application . The fees shall be based on the actual cost to the Town for reviewing or preparing the draft and final environmental impact statement , including the cost of hiring consultants , the salary time of Town employees and actual disbursements incurred as a result of the review or preparation of such impact statement, but in no event shall the fees be greater than that established in 6 NYCRR 617 . 17 . The Town Supervisor or Code Enforcement Officer, may require , prior to the commencement of the review or preparation of an environmental impact statement , a deposit to be made with the Town in an amount reasonably estimated to cover the fees set forth in this section . 7. Inspection Fees . (a) In addition to the fees provided for herein , where the inspection of on- or off-site improvements or development is required (and such inspection is not an inspection required by the New York State Uniform Fire Prevention and Building Code (hereinafter the " Building Code " ) specifically provided for elsewhere in this resolution) the applicant shall reimburse the Town for the actual cost to the Town of all engineering , planning , highway inspection , legal , consulting , clerical , Code Enforcement Officer inspections and other expenses incurred by the Town during the process of inspection and review of the completion of site improvements and the fulfillment of any requirements of any regulation or resolution pertaining to development projects which have been granted Final Subdivision or Site Plan Approval . The costs so incurred shall be determined by the Town and billed to the applicant . The basis for calculating such costs shall be the same as set forth above with reference to Review Fees . 8 u F fees. res, wp51 danby, 12/17/91 5:50pm (b) An escrow agreement providing for the deposit of the amounts set forth in the Fee Schedule in the form directed by the Town shall be executed by the applicant and the deposit made in the amount set forth in the Fee Schedule to cover the cost of inspections and compliance review incurred (i) after final approvals have been given , (ii) in the course of building permit issuance , (iii) during the course of construction of any improvements including buildings , roads , and other improvements , and (iv) during the course of issuing any certificates of compliance or occupancy . (c) Along with any application for final approval of site improvement and development construction plans where final approval of such plans is required , an estimate of the cost of improvements shall be provided by the applicant ' s Licensed Professional Engineer in similar manner as the estimate is provided for the escrow for the review fees . This . t estimate shall be used along with the other items included in the application and in the prior review process in determining the amount of inspection escrow . The developer shall make the required inspection escrow deposit prior to any final approval of said site improvement and development construction plans and prior to the commencement of construction of any of such improvements . (d) All of the provisions regarding escrow accounts for Review Fees shall be applicable to the escrow accounts for Inspection Fees including authority to the Code Enforcement Officer to waive the requirement that the cost of improvements be prepared by a Licensed Engineer , and to increase or decrease the required escrow amount , the definitions of costs of improvements , and the $200 minimum deposit . (e) The inspection fee shall in no case be less than $ 100 . ( f) The inspection fee may be included as a portion of a letter of credit or performance guarantee, where applicable. (g) Where applicable or where required , no final acceptance of proposed public improvements , and no final approval of site construction or site improvements shall be made and no Certificates or Occupancy shall be issued until all Inspection Fees have been paid or fully escrowed . 9 j' I ' . . • Ifees. res, wp51 danby, 12/17/91 5:50pm (h) The Town shall return any balance of the deposit to the applicant upon final acceptance of proposed public improvements and/or final acceptance of subject site improvements together with an account of all expenses charged to the escrow fund . 10 fees. res, wp51 danby, 12/17/91 5:50pm . SCHEDULE OF APPLICATION AND REVIEW FEES ESCROW FOR : Approved by Town Board Application/ 9 - Dec - 91 Review Review Inspection SUBDIVISION REVIEW : Initial Application Fee: 1 to 4 New Lots/Units $ 50 5 to 10 New Lots/Units $ 75 More than 10 New Lots/Units $ 100 Plus , $ 1 Per Lot Preliminary Plat : 10 New Lots/Units $ 50 plus , $ 10 (� ut Roads or Public Utilities) Per Lot/Unit All Others $ 100 Plus 0 . 5 % o f Actual Cost of estimated Review imprv . cost Final Plat : 1 to 10 New Lots/Units $ 50 Plus , (Without Roads or Public Utilities) $ 10 P e r Lot/ Unit All Others $ 100 Plus 0 . 5 % o f Actual Cost of estimated Review imprv . cost Inspection : Actual Cost of 0 . 5 % o f Insp . estimated imprv . cost 11 , . 1111 • fees. res, wp51 danby, 12/17/91 5:50pm ESCROW FOR : Application/ Review Review Inspection Plats/Replats whose sole purpose is to dedicate land for public use : No Charge No Charge No Charge Plat Reaffirmations : $ 50 Plus , $ 5 Per Lot/ Unit SITE PLAN REVIEW : Initial Application Fee : $ 70 Preliminary Plan : Non-Residential $ 100 Plus 0 . 1 % o f Actual Cost of estimated Review project cost , excluding land Residential $ 100 Plus $ 25 Per Actual Cost of Dwelling Unit Review Final Plan : Non-Residential $ 50 Plus 0 . 1 % o f Actual Cost of estimated Review . project cost , excluding land Residential $ 50 Plus $ 25 Per Actual Cost of Dwelling Unit Review 12 1 2 IIfees. res, wp51 danby, 12/17/91 5:50pm ESCROW FOR : Application/ •" Review Review Inspection Inspection : Actual Cost of 0 . 0 5 % o f Non-Residential Inspection estimated project cost , excl . land Residential Actual Cost of $ 2 5 P e r Inspection Dwelling Unit G AMENDMENT/ ZONING : $ 170 Plus Pertinent Site Plan Review Fees SPECIAL PERMITS : $ 100 Plus Pertinent Site Plan Review Fees APPEALS OF SPECIAL PERMITS TO TOWN BOARD : $ 100 ZONING APPEALS : • Area & Use Variances : $ 80 ADDITIONAL MEETING FEE: (In the event of more than 1 meeting • or public hearing per application) Agenda Processing : $ 30 iblic Hearing Processing : $ 50 13