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HomeMy WebLinkAbout1994 Local Law #1, PDZ, #2 Mobile Home Park • ADOPTED - JUNE 1, 1994 P TOWN OF DANBY LOCAL LAW NO. 1 - 1994 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A MOBILE HOME PARK PLANNED DEVELOPMENT AND A RESIDENTIAL PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2 AND TO MODIFY THE BOUNDARIES OF SUCH ZONE. Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re- adopted by the Town Board on December 11, 1991, and subsequently amended, is further amended as follows: 1. The area described on Schedule A attached is hereby rezoned from Low Density Residential to Town of Danby Planned Development Zone 2. 2. The area described on Schedule B attached is hereby rezoned from Town of Danby Planned Development Zone 2 to Low Density Residential. 3. Henceforth, Town of Danby Planned Development Zone 2 shall be comprised of a Mobile Home Park Planned Development and a Residential Planned Development, as shown on a map approved by the Town Board on March 30, 1994 entitled "General Site Plan: Planned Development Zone 2, Hillview Terrace Subdivision and Mobile Home Park Expansion, Owners: Paul and Mary Lou Hardesty" dated August, 1993, revised through February 7, 1994. The boundaries of the Mobile Home Park Planned Development and the Residential Planned Development, and the overall boundaries of the entire Planned Development Zone 2 are set forth on Schedule C attached. 4. The Zoning Map of the Town of Danby, including the Supplement to the Zoning Map, Page 17, is hereby amended to show the boundaries of Planned Development Zone 2 as set forth in this local law, which boundaries shall supersede any previous boundaries for such Zone. 5. The Residential Planned Development shall be subject to the following provisions, notwithstanding any other pertinent zoning or subdivision requirements: (a) LIMITATION ON NUMBER OF LOTS. There shall be no more than three residential lots in the Residential Planned Development and the only uses on such lots shall be as set forth below. (b) PERMITTED PRINCIPAL USES. Permitted principal uses shall be limited to the following: (i) one single-family dwelling unit per lot to be occupied by no more than one family. (Ii) a two-family dwelling provided that (A) each dwelling unit is occupied by no more than one family; and Town of Danby Local Law #1 of 1994 o- (B) one of the two units in the building are occupied by the owner of the building. For purpose of this ordinance the "owner" is one or more natural persons at least 18 years of age who is or are the record owner of at least a 50% interest in the property. Title held in tenants by the entirety or joint tenants shall be deemed (unless otherwise specifically designated in the deed or other record) for this purpose to be held in proportion to the number of joint tenants on the deed (e.g., if there are three persons on the deed as joint tenants, each is deemed to hold a one-third interest. In that circumstance at least two of the deed record owners would have to occupy the premises to qualify the building as being occupied by the owner of the building.) (c) PERMITTED ACCESSORY USES. Accessory uses shall be limited to those accessory uses permitted in a Low Density Residential Zone without a special permit by other terms of this ordinance. (d) USES PERMITTED BY SPECIAL PERMIT ONLY. The only other permitted uses shall be by special permit and shall be limited to (i) Nursery Schools, group family day care homes, and day care centers. (ii) Customary home . occupations and professional residential offices where no external visible evidence of same exists on the site. (iii) Doublewide mobile homes if the same are permanently mounted on foundations. (e) BUFFER YARD REQUIREMENTS. A buffer yard 75 feet deep shall be established and maintained between the proposed Residential Planned Development and adjacent properties outside of Planned Development Zone 2. (f) LOT AREA. The lot area required for the residential lots shall be as shown on the final site plan which shall substantially conform to the general site plan referred to above. (g) OTHER REQUIREMENTS. Yards, signs, height and 'building area shall be in conformity with the requirements for :same in a Low Density Residential Zone, except that frontage requirements for each lot shall be as shown on the above-referenced site plan. 6. The Mobile Home Park Planned Development shall be . subject to the provisions of "Section 605 - Mobile Home Park Zone, Town of Danby Zoning Ordinance", as if it were a mobile home park governed by said section. In addition to the provisions set forth in Section 605, the Mobile Home Park Planned Development shall be subject to the supplemental provisions set forth below. Where there is a conflict on a specific matter between the provisions of Section 605 and the provisions of this local law, the provisions of this local law shall 2 Town of Danby Local Law #1 of 1994 govern. The supplemental provisions are as follows: (a) MAXIMUM NUMBER OF MOBILE HOMES. (i) There shall be no more than 26 mobile homes located within the presently-existing Hillview Terrace Mobile Home Park. (ii) There shall be no more than 31 additional mobile homes located elsewhere in the Mobile Home Park Planned Development, such additional homes to be located substantially as shown on the above-referenced site plan. (b) ACCESSORY USES. In addition to the accessory uses permitted by Section 605, the following accessory uses are permitted: (i) Structures and facilities for water supply, sewage disposal, and other utilities as may be necessary for operation of the Mobile home Park Planned Development. (ii) Customary home occupations. (c) SITE LAYOUT. The construction and location of the mobile homes and all other structures and facilities shall be as shown on the final site plan approved by the Planning Board, which final site plan shall be substantially in accord with the above referenced site general site plan. There will be no change in location of mobile homes, stands, structures, or other facilities, anywhere in the Mobile Home Park Planned Development, without approval of a modified final site plan by the Planning Board. When the Planning Board is of the reasonable opinion that the modified site plan is a significant deviation from the general site plan referenced above, no modified site plan shall be approved by the Planning Board until the site plan has been submitted to, and approved by, the Town Board after public hearing. (d) INSTALLATION AND STANDS. Mobile homes and their installations shall comply with pertinent requirements of the New York State Uniform Fire Prevention and Building Code and its generally accepted standards for mobile homes. Any mobile homes installed in the Planned Development Zone 2 after the effective date of this local law shall, in addition, comply with any other requirements contained in this zoning ordinance or other Town legislation related to installation and stands, except that no anchoring shall be required of mobile homes installed on the stands in the existing Hillview Mobile Home Park located along Tammy Drive. (e) BUFFER YARDS. The normally required 30 foot buffer strip contained in subdivision 10 of Section 605 shall be increased to a required buffer strip at least 75 feet wide between the Mobile Home Park Planned Development and adjacent properties outside of 3 Town of Danby , Local Law #1 of 1994 Planned Development Zone 2. No structures and no parking spaces are permitted in the buffer ' yards, except for utility structures which are customary to mobile home park operation. Landscaping as shown on the General Site Plan shall be installed within one year of the date of final site plan approval. If not so installed, no further building permits shall be issued for any construction anywhere in Planned Development Zone 2, or for the siting of any mobile homes in Planned Development Zone 2 until the required landscaping is installed. (f) ACCESS DRIVES AND WALKWAYS. Access drives in the proposed area for expansion in the Mobile Home Park Planned Development shall be paved with blacktop, concrete, or other solid material, as shown on the approved final site plan. The drives and walkways in the already existing mobile home park area of the Mobile Home Park Planned Development may be constructed of a different surface material, such as crusher run stone, provided that the surface provides adequate support and access for emergency vehicles such as ambulances and fire trucks. (g) STORAGE. No outside storage of equipment or other household materials is permitted, nor is any such storage underneath the mobile homes permitted. The mobile home owner may erect a secure storage structure on a lot subject to the minimum setback requirements shown on the "Typical Lot Layout" provided with the above-referenced general site plan, subject to any pertinent building code requirements. (h) SCREENING OF WASTE AND REFUSE. If collection areas for waste and refuse are provided for the convenience of several home owners, such areas shall be secure from animals and the elements and of suitable size, and shall be screened from public view by landscaping or fencing in accordance with Section 605 of this zoning ordinance. (i) SIGNS. A sign identifying the mobile home park area is permitted at each park entrance. No such sign shall exceed 50 square feet in size. (j) BUILDING PERMITS. A building permit shall be required for each mobile home and, except as exempted by Section 1101 of the Zoning Ordinance, for all accessory buildings and other structures. (k) SITE PLAN APPROVALS. No building permit shall be issued for a structure within the Mobile Home Park Planned Development unless the proposed structure is in accordance with a site plan approved pursuant to the provisions of this Ordinance and approved by the Tompkins County Health Department. No subdivision of the Mobile Home Park Planned Development is permitted without approval of the Town Board, following Planning Board review. No alteration, amendment, or change in the Final Site Plan as approved by the Planning Board is permitted without . further approval by the Planning Board (except as provided in the Zoning Ordinance relative 4 Town of Danby Local Law #1 of 1994 to modifications to site plans). (1) PROHIBITION OF CONSTRUCTION. Notwithstanding the foregoing, there shall be no new construction in the proposed Mobile Home Park Planned Development except for the construction of park access drives and utilities until the applicant has complied with all applicable requirements of the Tompkins County Health Department and demonstrated to the satisfaction of the Planning Board that the water supply and sewage disposal systems needed for the existing and the expanded mobile home park have no adverse impact on the quantity or quality of water supplies of existing residences adjoining the site, and until the applicant has been granted Final Site Plan Approval by the Planning Board. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. 5 .; :. Rardesty.LL, wp51, Danby, , 11/25/94 12:16pm ,ri• ■ , SCHEDULE A Description of lands being rezoned from Low Density Residential to Planned Development Zone 2: Commencing at a point in the centerline of South Danby Road, which point of beginning is approximately •°1180 'feet south'along South Danby Road from its intersection with the centerline of Route 96B and which point of beginning is in the northeast corner of premises reputedly owned by Hardesty (Lax parcel 20-1- 4.5) and formerly owned by Floyd and Marian Hoover and known generally as 50 South Danby Road; running thence south along the centerline of South Danby Road approximately` 110 feet/to 'the'_southeast`'corner of Lot' 3 as shown on the General Site Plan 'referred to in this`local law; 'running thence west along the 'south line of said Lot 3 a distance of 'approximately 215, feet .to the intersection f 'of' said ' Lot line ' with` the centerline of` a drainage' stream; running then northeasterly" along said' drainage stream and along a culvert to the point 'or place of beginning. •v�`t�. f' 4 ,rert "•7!f'!:'�.J i^ 'ltifii •4 •. ,,•;} :11f s f,•, raryr f! ,'tS . !)';ii CI 910 _ i f''.1!. `) .!it' .,.;i+.,. ri• f • ' '1 f.t .f .f- !,/•., . , °1, `t 1'lJ . ' it. „1 1 ., , +. Y '.9 lt. [ j •i° i'..e.'y ._ .ir it ;f i{:,..• i... 1 � :} ..t, '1• Jft 'i`li +¢,C1J. elf: ,1. r .. ..J G. , , :>.'. 1: e,'J' t ., of '1 • • 6 • • • • • i..�f ,it t • �'�tif F'.�i (.1';;;, • Hardesty.LL, wp51, Danby, , 11/25/94 12:16pm . • • " - •• .:(: ^ "i:l'ii tZ r�,•�.'r 1. ..c449(.'i. ,±1:;r ,.),. is , .l 11 SCHEDULE B • . ,,ti.( 'f ti. ''i:il l,;.lf5j:5s f:{ .,l ;"!1 :ii?'&i ?'. - ;y ;;:.i;i th .,;;;'t Description of lands • being rezoned from Planned Development Zone 2 to Low Density Residential: . { i: S' .i ;C •iil1'�� •Li` `>:if :1:.1.iti:,x x "5j1.! saf ''r: :E: t -.i% ,i "t 't 1 rl nis?' "! ? tU?ler,rdi <.+ It.'ir- S 3r :i , 1t ;f Parcel 1: • •! ! u .t . :. .a. ei'i ?J`„t i' ( ? 1Tc .t ,r ii ;,t , t:. ;. •• • tit [ ' ;"'i l:t,,:t :�"t19..:tf 4,�:s:i,!.i'. ;E.;t;,,•„t griOWI t .ii Commencing at 'a point, in the southwest corner,of 'premises,.reputedly, owned ,by Hardesty •(tax 'parcel 20-1-4.5) and formerly; owned by Floyd :and Marian Hoover • and known generally as 50 South” Danby', Road,,;which , point oP , beginning is • approximately 625: feet west of a point in the centerline of South Danby Road • which point is located approximately' 1690:feet south along the centerline of, South Danby Road from its intersection with the centerline'of Route .96B, running .thence from said point of beginning north 30 degrees 25' east along a westerly line of said Hardesty premises 135.5 feet; running thence north 64 degrees 57' east approximately 430 feet to the south line of Lot 3 as shown on the General Site Plan referred to in this local law; running thence westerly along the south line of Lot 3 approximately 380 feet to the southwest corner of Lot 3; running thence southerly along the extended west line of Lot 3 approximately 400 feet to the point or place of beginning. Parcel 2: - Commencing at the same point of beginning as Parcel 1 above, running thence easterly along the south line of said Hardesty property 625 feet to centerline South Danby Road; running thence south along said centerline 40 feet; running thence westerly parallel to the first course above approximately 625 feet; running thence northerly 40 feet to the point of beginning. The above descriptions are based, in part, upon a survey map entitled "Survey Map of a Dwelling at 50 South Danby Rd." prepared by Howard R. Schlieder dated October 17, 1986. 7 • . /fardesty.LL, wp51, Danby, , 11/25/94 12:16pm • • SCHEDULE C Description of Mobile Home Park Planned Development: . Commencing at a point in the centerline of South Danby Road, which point of beginning is approximately 790 feet south along South Danby Road from its ',intersection with the centerline of Route 96B and which point of beginning is in the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5); running thence south along the centerline of South Danby Road approximately 220 feet; running thence westerly, ..and ,substantially parallel to. Tammy Drive a distance of approximately 585 feet to a point; running thence south along the ,,west. line.; of Lot .3 and ; premises of Hardesty as shown on the General Plan referred to above approximately. 720 .feet; running thence west along the north • line• of .Lot• 2 approximately 470 feet • to a point; running thence south along a west line of Lot 2 approximately. 130 feet to. a point; running thence west along .. a line of Lot 2 a distance of .approximately 50 feet to a point; running thence • north, in part along premises';reputedly of Van De Bogart (tax parcel 20-1-1.2) • and Wright (tax.parcel 20-1-3) a total distance of approximately. 1874 feet to the South line of, premises reputedly of• Sherwood • (tax parcels 20-1-4.1); running thence ..east••along Sherwood ,approximately •.200 feet to Sherwood's southeast corner; running thence •north along Sherwood's east line approximately 161 feet to the south line of Route 96B; running thence east along the south line of Route 968 approximately 750 feet to the west line of premises reputedly owned by Newton (tax parcel 20-1-6); running thence, southerly along . Newton's west line approximately 278 feet to a point in the north line of premises reputedly owned '•by Tierney; !running thence west' along Tierney's north line approximately 100 . feet to Tierney's: northwest corner; running thence south along Tierney's . west •line approximately •448 •feet,• to 'Tierney's .southwest corner; running thence east ,along,Tierney's.south line approximately• 274.feet to- the place of beginning. • Description. of:Residential Planned Development: • . • Parcel 1: . • f*>f,•t e • f; . . • --- . .. . . Commencing at-a point' in the ,centerline of South • Danby Road, which point is located approximately .1010 feet south from• its ' intersection with the centerline • :of: Route:96B anc:F which. point.ofs,beginning is at the end of the first course in • 'the above, description -of the Mobile Home. Park Planned Development; running • ;thence south,along the centerline of South Danby Road approximately 170 feet to .s. point which is the! northeast corner of- premises, reputedly owned by Hardesty -(tax parcel .20-1'4.5);--thence .running southerly along , the centerline. of South Danby Road approximately 1110 feet to •the.southeasterly corner of Lot.3 as shown • on the .General. Plan referred to above; running thence westerly along the south • line of Lot 3 a sdistance, of approximately 595 feet to the southwesterly corner of • • :r:: f. -1 ∎. -,•,,. 't•.i#,;, 8 . • • • •• • • • • • • • llardesty.LL, wp51, Danby, , 11/25/94 12:16pm • Lot 3; running thence northerly a distance of approximately 280 feet to the northwest corner of Lot 3; running thence easterly a distance of approximately 585 feet to the place of beginning. •• • • •!' • • - ' Parcel 2: • ' • •• •sli ; ,t: • h. 4-1 •: 1 . • 3 , Commencing at 'a point in the'Cente'rline'of South I,Danby Road,''which' point' of • beginning is located approximately,:1730 :feet south of the intersection of said centerline with the centerline'of Route'96B,• which. point of beginning is 80 feet north along said centerline ' from. ' the 'northeast corner of''premises reputedly owned • by Dietrich (tax ' parcel 20-1-4.3); running thence' south lalong said centerline *approximately 80 feet to the northeast.' corner of Dietrich; running thence west along Dietrich's -north line approximately 455 feet to the northwest corner of Dietrich; running thence south-southwesterly.along Dietrich's west line approximately 600 feet to a point; running thence westerly along the south line of Lot 1 as shown on said General Plan a •distance of 'approximately 575 feet to the west line of the premises owned by.4lardesty-(tax parcel 20-1-4.2); .running thence northerly along the west line of Lot 2 as shown. on said Plan approximately•550 feet to a point; running thence 'easterly approximately 50 feet; running thence northerly approximately 130 feet; running thence easterly in part along the • south line of the Mobile, Home 3 Park,'Planned Area•.a , distance of approximately .1095 feet to the point or place of beginning. ; .• . . Description of Planned Development Zone a; -; • • ..; c,t Commencing at a point in the centerline•of. South Denby Road,- which point. of beginning is approximately 790 feet • south along• South .'Danby : Road from its intersection with the centerline of Route 96B and which 'point of beginning is in the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5); running thence south along the centerline of South Danby Road approximately 220 feet; continuing thence south along the centerline of South Danby Road approximately 170 feet to the northease'corner-of.premises reput-edly owned by Hardesty (tax parcel 20-1-4.5); thence running southerly along the centerline of South Dan by Road approximately 110 feet to the southeast corner of Lot 3 •as shown on said General Plan; running thence westerly along the south line of Lot :3 approximately 595 feet; thence running. southerly 400 feet to' the. southwest corner of said Hardesty parcel; running thence south along the, west line or • • extended west line of said Hardesty parcel approximately 40 feet'. to a point; • running thence east a distance of approximately 625 feet to 'the centerline of South Hanby Road which point, is • approximately• 80 feet;:.north •;along ,- said • centerline from the northeast corner of premises •reputedly!owned,,by Dietrich (tax parcel 20-1-4.3); running thence 'south'along said centerline approximately • 80 feet to the northeast corner of Dietrich; running. thence 'west along Dietrich's north line approximately •455 feet.to the ,northwest corner of Dietrich; running thence south-southwesterly alongiDietrich's. west line. approximately 600 feet to . a point; running thence westerly along the south line of Lot 1 as shown on said General Plan a distance of approximately.575 feet; running thence northerly along 9 Hardesty.LL, wp51, Danby, , 11/25/94 12:16pm the west line of Lot 2 as shown on said Plan approximately 550 feet to a point; continuing thence north, in part along premises reputedly of Van Dc Bogart (tax parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately 1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1- 4.1); running thence east along Sherwood approximately 200 feet to Sherwood's southeast corner; running thence north along Sherwood's east line approximately 161 feet to the south line of Route 96B; running thence east along the south line of Route 96B approximately 750 feet to the west line of premises reputedly owned by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line approximately 278 feet to a point in the north line of premises reputedly owned by Tierney; running thence west along Tierney's north line approximately 100 feet to Tierney's northwest corner; running thence south along Tierney's west line approximately 448 feet to Tierney's southwest corner; running thence east along Tierney's south line 274 feet to the place of beginning. • • • 10 • ADOPTED - JUNE 1, 19911 TOWN OF DANBY LOCAL LAW NO. 1 - 1994 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A MOBILE HOME PARK PLANNED DEVELOPMENT AND A RESIDENTIAL PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2 AND TO MODIFY THE BOUNDARIES OF SUCH ZONE. Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re- adopted by the Town Board on December 11, 1991, and subsequently amended, is further amended as follows: 1. The area described on Schedule A attached is hereby rezoned from Low Density Residential to Town of Danby Planned Development Zone 2. 2. The area described on Schedule B attached is hereby rezoned from Town of Danby Planned Development Zone 2 to Low Density Residential. 3. Henceforth, Town of Danby Planned Development Zone 2 shall be comprised of a Mobile Home Park Planned Development and a Residential Planned Development, as shown on a map approved by the Town Board on March 30, 1994 entitled "General Site Plan: Planned Development Zone 2, Hillview Terrace Subdivision and Mobile Home Park Expansion, Owners: Paul and Mary Lou Hardesty" dated August, 1993, revised through February 7, 1994. The boundaries of the Mobile Home Park Planned Development and the Residential Planned Development, and the overall boundaries of the entire Planned Development Zone 2 are set forth on Schedule C attached. 4. The Zoning Map of the Town of Danby, including the Supplement to the Zoning Map, Page 17, is hereby amended to show the boundaries of Planned Development Zone 2 as set forth in this local law, which boundaries shall supersede any previous boundaries for such Zone. 5. The Residential Planned Development shall be subject to the following provisions, notwithstanding any other pertinent zoning or subdivision requirements: (a) LIMITATION ON NUMBER OF LOTS. There shall be no more than three residential lots in the Residential Planned Development and the only uses on such lots shall be as set forth below. (b) PERMITTED PRINCIPAL USES. Permitted principal uses shall be limited to the following: (i) one single-family dwelling unit per lot to be occupied by no more than one family. (ii) a two-family dwelling provided that (A) each dwelling unit is occupied by no more than one family; and Town of Danby Local Law #1 of 1994 (B) one of the two units in the building are occupied by the owner of the building. For purpose of this ordinance the "owner" is one or more natural persons at least 18 years of age who is or are the record owner of at least a 50% interest in the property. Title held in tenants by the entirety or joint tenants shall be deemed (unless otherwise specifically designated in the deed or other record) for this purpose to be held in proportion to the number of joint tenants on the deed (e.g., if there are three persons on the deed as joint tenants, each is deemed to hold a one-third interest. In that circumstance at least two of the deed record owners would have to occupy the premises to qualify the building as being occupied by the owner of the building.) (c) PERMITTED ACCESSORY USES. Accessory uses shall be limited to those accessory uses permitted in a Low Density Residential Zone without a special permit by other terms of this ordinance. (d) USES PERMITTED BY SPECIAL PERMIT ONLY. The only other permitted uses shall be by special permit and shall be limited to (i) Nursery Schools, group family day care homes, and day care centers. (ii) Customary home occupations and professional residential offices where no external visible evidence of same exists on the site. (iii) Doublewide mobile homes if the same are permanently mounted on foundations. (e) BUFFER YARD REQUIREMENTS. A buffer yard 75 feet deep shall be established and maintained between the proposed Residential Planned Development and adjacent properties outside of Planned Development Zone 2. (f) LOT AREA. The lot area required for the residential lots shall be as shown on the final site plan which shall substantially conform to the general site plan referred to above. (g) OTHER REQUIREMENTS. Yards, signs, height and building area shall be in conformity with the requirements for same in a Low Density Residential Zone, except that frontage requirements for each lot shall be as shown on the above-referenced site plan. 6. The Mobile Home Park Planned Development shall be subject to the provisions of "Section 605 - Mobile Home Park Zone, Town of Danby Zoning Ordinance", as if it were a mobile home park governed by said section. In addition to the provisions set forth in Section 605, the Mobile Home Park Planned Development shall be subject to the supplemental provisions set forth below. Where there is a conflict on a specific matter between the provisions of Section 605 and the provisions of this local law, the provisions of this local law shall 2 Town of Danby Local Law #1 of 1994 govern. The supplemental provisions are as follows: (a) MAXIMUM NUMBER OF MOBILE HOMES. (i) There shall be no more than 26 mobile homes located within the presently-existing Hillview Terrace Mobile Home Park. (ii) There shall be no more than 31 additional mobile homes located elsewhere in the Mobile Home Park Planned Development, such additional homes to be located substantially as shown on the above-referenced site plan. (b) ACCESSORY USES. In addition to the accessory uses permitted by Section 605, the following accessory uses are permitted: (i) Structures and facilities for water supply, sewage disposal, and other utilities as may be necessary for operation of the Mobile Home Park Planned Development. (ii) Customary home occupations. (c) SITE LAYOUT. The construction and location of the mobile homes and all other structures and facilities shall be as shown on the final site plan approved by the Planning Board, which final site plan shall be substantially in accord with the above referenced site general site plan. There will be no change in location of mobile homes, stands, structures, or other facilities, anywhere in the Mobile Home Park Planned Development, without approval of a modified final site plan by the Planning Board. When the Planning Board is of the reasonable opinion that the modified site plan is a significant deviation from the general site plan referenced above, no modified site plan shall be approved by the Planning Board until the site plan has been submitted to, and approved by, the Town Board after public hearing. (d) INSTALLATION AND STANDS. Mobile homes and their installations shall comply with pertinent requirements of the New York State Uniform Fire Prevention and Building Code and its generally accepted standards for mobile homes. Any mobile homes installed in the Planned Development Zone 2 after the effective date of this local law shall, in addition, comply with any other requirements contained in this zoning ordinance or other Town legislation related to installation and stands, except that no anchoring shall be required of mobile homes installed on the stands in the existing Hillview Mobile Home Park located along Tammy Drive. (e) BUFFER YARDS. The normally required 30 foot buffer strip contained in subdivision 10 of Section 605 shall be increased to a required buffer strip at least 75 feet wide between the Mobile Home Park Planned Development and adjacent properties outside of 3 Town of Danby Local Law #1 of 1994 Planned Development Zone 2. No structures and no parking spaces are permitted in the buffer yards, except for utility structures which are customary to mobile home park operation. Landscaping as shown on the General Site Plan shall be installed within one year of the date of final site plan approval. If not so installed, no further building permits shall be issued for any construction anywhere in Planned Development Zone 2, or for the siting of any mobile homes in Planned Development Zone 2 until the required landscaping is installed. (f) ACCESS DRIVES AND WALKWAYS. Access drives in the proposed area for expansion in the Mobile Home Park Planned Development shall be paved with blacktop, concrete; or other solid material, as shown on the approved final site plan. The drives and walkways in the already existing mobile home park area of the Mobile Home Park Planned Development may be constructed of a different surface material, such as crusher run stone, provided that the surface provides adequate support and access for emergency vehicles such as ambulances and fire trucks. (g) STORAGE. No outside storage of equipment or other household materials is permitted, nor is any such storage underneath the mobile homes permitted. The mobile home owner may erect a secure storage structure on a lot subject to the minimum setback requirements shown on the "Typical Lot Layout" provided with the above-referenced general site plan, subject to any pertinent building code requirements. (h) SCREENING OF WASTE AND REFUSE. If collection areas for waste and refuse are provided for the convenience of several home owners, such areas shall be secure from animals and the elements and of suitable size, and shall be screened from public view by landscaping or fencing in accordance with Section 605 of this zoning ordinance. (i) SIGNS. A sign identifying the mobile home park area is permitted at each park entrance. No such sign shall exceed 50 square feet in size. (j) BUILDING PERMITS. A building permit shall be required for each mobile home and, except as exempted by Section 1101 of the Zoning Ordinance, for all accessory buildings and other structures. (k) SITE PLAN APPROVALS. No building permit shall be issued for a structure within the Mobile Home Park Planned Development unless the proposed structure is in accordance with a site plan approved pursuant to the provisions of this Ordinance and approved by the Tompkins County Health Department. No subdivision of the Mobile Home Park Planned Development is permitted without approval of the Town Board, following Planning Board review. No alteration, amendment, or change in the Final Site Plan as approved by the Planning Board is permitted without further approval by the Planning Board (except as provided in the Zoning Ordinance relative 4 Town of Danby Local Law #1 of 1994 to modifications to site plans). (1) PROHIBITION OF CONSTRUCTION. Notwithstanding the foregoing, there shall be no new construction in the proposed Mobile Home Park Planned Development except for the construction of park access drives and utilities until the applicant has complied with all applicable requirements of the Tompkins County Health Department and demonstrated to the satisfaction of the Planning Board that the water supply and sewage disposal systems needed for the existing and the expanded mobile home park have no adverse impact on the quantity or quality of water supplies of existing residences adjoining the site, and until the applicant has been granted Final Site Plan Approval by the Planning Board. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. 5 Hardesty.LL, wp51, Dan by, , 11/25/94 12:16pm SCHEDULE A Description of lands being rezoned from Low Density Residential to Planned Development Zone 2: Commencing at a point in the centerline of South Danby Road, which point of beginning is approximately 1180 feet south along South Danby Road from its intersection with the centerline of Route 96B and which point of beginning is in the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1- 4.5) and formerly owned by Floyd and Marian Hoover and known generally as 50 South Danby Road; running thence south along the centerline of South Danby Road approximately 110 feet to the southeast corner of Lot 3 as shown on the General Site Plan referred to in this local law; running thence west along the south line of said Lot 3 a distance of approximately 215 feet to the intersection of said Lot line with the centerline of a drainage stream; running then northeasterly along said drainage stream and along a culvert to the point or place of beginning. 6 Hardesty.LL, wp51, Dan by, , 11/25/94 12:16pm SCHEDULE B Description of lands being rezoned from Planned Development Zone 2 to Low Density Residential: Parcel 1: Commencing at a point in the southwest corner of premises reputedly owned by Hardesty (tax parcel 20-1-4.5) and formerly owned by Floyd and Marian Hoover and known generally as 50 South Danby Road, which point of beginning is approximately 625 feet west of a point in the centerline of South Danby Road which point is located approximately 1690 feet south along the centerline of South Danby Road from its intersection with the centerline of Route 96B; running thence from said point of beginning north 30 degrees 25' east along a westerly line of said Hardesty premises 135.5 feet; running thence north 64 degrees 57' east approximately 430 feet to the south line of Lot 3 as shown on the General Site Plan referred to in this local law; running thence westerly along the south line of Lot 3 approximately 380 feet to the southwest corner of Lot 3; running thence southerly along the extended west line of Lot 3 approximately 400 feet to the point or place of beginning. Parcel 2: Commencing at the same point of beginning as Parcel 1 above, running thence easterly along the south line of said Hardesty property 625 feet to centerline South Danby Road; running thence south along said centerline 40 feet; running thence westerly parallel to the first course above approximately 625 feet; running thence northerly 40 feet to the point of beginning. The above descriptions are based, in part, upon a survey map entitled "Survey Map of a Dwelling at 50 South Danby Rd." prepared by Howard R. Schlieder dated October 17, 1986. 7 Hardesty.LL, wp51, Danby, , 11/25/94 12:16pm SCHEDULE C Description of Mobile Home Park Planned Development: Commencing at a point in the centerline of South Danby Road, which point of beginning is approximately 790 feet south along South Danby Road from its intersection with the centerline of Route 96B and which point of beginning is in the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5); running thence south along the centerline of South Danby Road approximately 220 feet; running thence westerly, and substantially parallel to Tammy Drive a distance of approximately 585 feet to a point; running thence south along the west line of Lot 3 and premises of Hardesty as shown on the General Plan referred to above approximately 720 feet; running thence west along the north line of Lot 2 approximately 470 feet to a point; running thence south along a west line of Lot 2 approximately 130 feet to a point; running thence west along a line of Lot 2 a distance of approximately 50 feet to a point; running thence north, in part along premises reputedly of Van De Bogart (tax parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately 1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1-4.1); running thence east along Sherwood approximately 200 feet to Sherwood's southeast corner; running thence north along Sherwood's east line approximately 161 feet to the south line of Route 96B; running thence east along the south line of Route 96B approximately 750 feet to the west line of premises reputedly owned by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line approximately 278 feet to a point in the north line of premises reputedly owned by Tierney; running thence west along Tierney's north line approximately 100 feet to Tierney's northwest corner; running thence south along Tierney's west line approximately 448 feet to Tierney's southwest corner; running thence east along Tierney's south line approximately 274 feet to the place of beginning. Description of Residential Planned Development: Parcel 1: Commencing at a point in the centerline of South Danby Road, which point is located approximately 1010 feet south from its intersection with the centerline of Route 96B and which point of beginning is at the end of the first course in the above description of the Mobile Home Park Planned Development; running thence south along the centerline of South Danby Road approximately 170 feet to a point which is the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1-4.5); thence running southerly along the centerline of South Danby Road approximately 110 feet to the southeasterly corner of Lot 3 as shown on the General Plan referred to above; running thence westerly along the south line of Lot 3 a distance of approximately 595 feet to the southwesterly corner of 8 Ha..rdesty.LL, wp51, Dan by, , 11/25/94 12:16pm Lot 3; running thence northerly a distance of approximately 280 feet to the northwest corner of Lot 3; running thence easterly a distance of approximately 585 feet to the place of beginning. Parcel 2: Commencing at a point in the centerline of South Danby Road, which point of beginning is located approximately 1730 feet south of the intersection of said centerline with the centerline of Route 96B, which point of beginning is 80 feet north along said centerline from the northeast corner of premises reputedly owned by Dietrich (tax parcel 20-1-4.3); running thence south along said centerline approximately 80 feet to the northeast corner of Dietrich; running thence west along Dietrich's north line approximately 455 feet to the northwest corner of Dietrich; running thence south-southwesterly along Dietrich's west line approximately 600 feet to a point; running thence westerly along the south line of Lot 1 as shown on said General Plan a distance of approximately 575 feet to the west line of the premises owned by Hardesty (tax parcel 20-1-4.2); running thence northerly along the west line of Lot 2 as shown on said Plan approximately 550 feet to a point; running thence easterly approximately 50 feet; running thence northerly approximately 130 feet; running thence easterly in part along the south line of the Mobile Home Park Planned Area a distance of approximately 1095 feet to the point or place of beginning. Description of Planned Development Zone 2: Commencing at a point in the centerline of South Danby Road, which point of beginning is approximately 790 feet south along South Danby Road from its intersection with the centerline of Route 96B and which point of beginning is in the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5); running thence south along the centerline of South Danby Road approximately 220 feet; continuing thence south along the centerline of South Danby Road approximately 170 feet to the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1-4.5); thence running southerly along the centerline of South Danby Road approximately 110 feet to the southeast corner of Lot 3 as shown on said General Plan; running thence westerly along the south line of Lot 3 approximately 595 feet; thence running southerly 400 feet to the southwest corner of said Hardesty parcel; running thence south along the west line or extended west line of said Hardesty parcel approximately 40 feet to a point; running thence east a distance of approximately 625 feet to the centerline of South Dan by Road which point is approximately 80 feet north along said centerline from the northeast corner of premises reputedly owned by Dietrich (tax parcel 20-1-4.3); running thence south along said centerline approximately 80 feet to the northeast corner of Dietrich; running thence west along Dietrich's north line approximately 455 feet to the northwest corner of Dietrich; running thence south-southwesterly along Dietrich's west line approximately 600 feet to a point; running thence westerly along the south line of Lot 1 as shown on said General Plan a distance of approximately 575 feet; running thence northerly along 9 Hardesty.LL, wp51, Danby, , 11/25/94 12:16pm the west line of Lot 2 as shown on said Plan approximately 550 feet to a point; continuing thence north, in part along premises reputedly of Van De Bogart (tax parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately 1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1- 4.1); running thence east along Sherwood approximately 200 feet to Sherwood's southeast corner; running thence north along Sherwood's east line approximately 161 feet to the south line of Route 96B; running thence east along the south line of Route 96B approximately 750 feet to the west line of premises reputedly owned by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line approximately 278 feet to a point in the north line of premises reputedly owned by Tierney; running thence west along Tierney's north line approximately 100 feet to Tierney's northwest corner; running thence south along Tierney's west line approximately 448 feet to Tierney's southwest corner; running thence east along Tierney's south line 274 feet to the place of beginning. 10 ADOPTED - JULY 13, 1994 TOWN OF DANBY LOCAL LAW NO. 2 OF 1994 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A PLANNED DEVELOPMENT ZONE COMPRISED OF A PORTION OF TOWN OF DANBY TAX PARCEL NO. 13.-1-8, LOCATED ON THE NORTH SIDE OF DANBY ROAD EAST OF SOUTH DANBY ROAD Section 1 . The Zoning Ordinance of the Town of Danby as re- enacted , and re-adopted by the Town Board on December 11 , 1991 , and subsequently amended , is further amended as follows : 1 . Town of Danby Planned Development Zone 16 is hereby established, and shall be comprised of an 6 . 92 +/- acre parcel to be subdivided out of Town of Danby Tax Parcel No . 13 . -1-8 to contain a proposed new 4-unit dwelling , as shown on the following: three ( 3 ) maps approved by the Town Board on July 13 , 1994 entitled "General Site Plans 'A' , ' B' , and ' C ' : Proposed Planned Development Zone , Danby Road, Owner: Rudy Laurenson, " dated March 16 , 1994 , revised June 29 , 1994 ; and a drawing entitled "Proposed 4-unit Dwelling , Rudy Laurenson, Danby Rd. , " dated February 4 , 1994 . 2 . The area described on Schedule A attached is hereby rezoned from Town of Danby Low Density Residential Zone to Planned Development Zone 16 . 3 . The Zoning Map of the Town of Danby, and the Supplement to the Zoning Map, are hereby amended to show the location and boundaries of Planned Development Zone 16 as set forth in this local law. 4 . Planned Development Zone 16 shall be subject to the following provisions , notwithstanding any other pertinent zoning, subdivision, or other regulatory requirements : ( a) There shall be no more than four dwelling units nor more than two lots in the Planned Development Zone . ( b) Permitted principal , accessory and special permit uses shall be the same as those permitted in a Low Density Residential Zone , except that an additional permitted use shall be one four-unit multiple dwelling. ( c ) Yards , signs, height , and building area shall be in conformity with the requirements for same in a Low Density Residential Zone . (d ) The construction and location of the proposed 4-unit multiple dwelling shall be as shown on the final site plans approved by the Planning Board, which final site plans shall be substantially in accord with the above referenced "General Site Plan 'A'" , and with either "General Site Plan 'B'" or "C" . No alteration, amendment , or change in the Final Site Plans as approved Town of Danby Local Law #2 of 1994 -2- by the Planning Board is permitted without further approval by the Planning Board, except as provided in the Zoning Ordinance relative to modifications to site plans . When the Planning Board is of the reasonable opinion that the modified site plan or plans are a significant deviation from the general site plans referenced above, no modified site plan or plans shall be approved by the Planning Board until the site plan or plans have been submitted to , and approved by, the Town Board after public hearing . ( e ) Building permit requirements and exemptions shall be as provided for Low Density Zones . No building permit for any dwelling in the Planned Development Zone shall be issued unless the site for such dwelling has been properly subdivided . ( f ) A minimum of two parking spaces per dwelling unit shall be provided for the four-unit multiple dwelling . ( g ) A buffer yard 50 feet deep from the boundaries of the Planned Development Zone shall be established and maintained within said Zone . No above-ground structures or parking spaces , except for necessary utilities , shall be permitted within said buffer yard. ( h) The access drive to the proposed 4-unit multiple dwelling may be constructed of crusher run stone , or may be paved with blacktop, concrete , or other solid material , as shown on the approved final site plan, provided that the surface reasonably provides adequate support and access for emergency vehicles such as ambulances and fire trucks . ( i ) A collection area or areas for waste and refuse shall be provided for the convenience of the residents of the proposed multiple dwelling , shall be secure from animals and the elements and of suitable size , and shall be screened from public view by landscaping or fencing . Section 2 . Where there is a conflict on a specific matter between the provisions of Section 603 , "Commercial Target Area" and the provisions of this local law, the provisions of this local law shall govern. Section 3 . In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4 . This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. • ADOPTED - JUNE 1, 1994 TOWN OF DANBY LOCAL LAW NO. 1 - 1994 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A MOBILE HOME PARK PLANNED DEVELOPMENT AND A RESIDENTIAL PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2 AND TO MODIFY THE BOUNDARIES OF SUCH ZONE. Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re- adopted by the Town Board on December 11, 1991, and subsequently amended, is further amended as follows: 1. The area described on Schedule A attached is hereby rezoned from Low Density Residential to Town of Danby Planned Development Zone 2. 2. The area described on Schedule B attached is hereby rezoned from Town of Danby Planned Development Zone 2 to Low Density Residential. 3. Henceforth, Town of Danby Planned Development Zone 2 shall be comprised of a Mobile Home Park Planned Development and a Residential Planned Development, as shown on a map approved by the Town Board on March 30, 1994 entitled "General Site Plan: Planned Development Zone 2, Hillview Terrace Subdivision and Mobile Home Park Expansion, Owners: Paul and Mary Lou Hardesty" dated August, 1993, revised through February 7, 1994. The boundaries of the Mobile Home Park Planned Development and the Residential Planned Development, and the overall boundaries of the entire Planned Development Zone 2 are set forth on Schedule C attached. 4. The Zoning Map of the Town of Danby, including the Supplement to the Zoning Map, Page 17, is hereby amended to show the boundaries of Planned Development Zone 2 as set forth in this local law, which boundaries shall supersede any previous boundaries for such Zone. 5. The Residential Planned Development shall be subject to the following provisions, notwithstanding : any other pertinent zoning or subdivision requirements: (a) LIMITATION ON NUMBER OF LOTS. There shall be no more than three residential lots in the Residential Planned Development and the only uses on such lots shall be as set forth below. (b) PERMITTED PRINCIPAL USES. Permitted principal uses shall be limited to the following: (i) one single-family dwelling unit per lot to be occupied by no more than one family. (li) a two-family dwelling provided that (A) each dwelling unit is occupied by no more than one family; and Town of Danby Local Law #1 of 1994 (B) one of the two units in the building are occupied by the owner of the building. For purpose of this ordinance the "owner" is one or more natural persons at least 18 years of age who is or are the record owner of at least a 60% interest in the property. Title held in tenants by the entirety or joint tenants shall be deemed (unless otherwise specifically designated in the deed or other record) for this purpose to be held in proportion to the number of joint tenants on the deed (e.g., if there are three persons on the deed as joint tenants, each is deemed to hold a one-third interest. In that circumstance at least two of the deed record owners would have to occupy the premises to qualify the building as being occupied by the owner of the building.) (c) PERMITTED ACCESSORY USES. Accessory uses shall be limited to those accessory uses permitted in a Low Density Residential Zone without a special permit by other terms of this ordinance. (d) USES PERMITTED BY SPECIAL PERMIT ONLY. The only other permitted uses shall be by special permit and shall be limited to (i) Nursery Schools, group family day care homes, and day care centers. (ii) Customary home , occupations and professional residential offices where no external visible evidence of same exists on the site. (iii) Doublewide mobile homes if the same are permanently mounted on foundations. (e) BUFFER YARD REQUIREMENTS. A buffer yard 75 ,feet deep shall be established and maintained between the proposed Residential Planned Development and adjacent properties outside of Planned Development Zone 2. (f) LOT AREA. The lot area required for the residential lots shall be as shown on the final site plan which shall substantially conform to the general site plan referred to above. (g) OTHER REQUIREMENTS. Yards, signs, height and building area shall be in conformity with the requirements for :same in a Low Density Residential Zone, except that frontage requirements for each lot shall be as shown on the above-referenced site plan. 6. The Mobile Home Park Planned Development shall be • subject to the provisions of "Section 605 - Mobile Home Park. Zone, Town of Danby Zoning Ordinance", as if it were a mobile . home park governed. by said section. In addition to the provisions set forth in Section 605, the Mobile Home Park Planned Development shall be subject to the supplemental provisions set forth below. Where there is a conflict on a specific matter between the provisions of Section 605 and the provisions of this local law, the provisions of this local law shall 2 Town of Danby Local Law #1 of 1994 govern. The supplemental provisions are as follows: (a) MAXIMUM NUMBER OF MOBILE HOMES. (i) There shall be no more than 26 mobile homes located within the presently-existing Hillview Terrace Mobile Home Park. (ii) There shall be no more than 31 additional mobile homes located elsewhere in the Mobile Home Park Planned Development, such additional homes to be located substantially as shown on the above-referenced site plan. (b) ACCESSORY USES. In addition to the accessory uses permitted by Section 605, the following accessory uses are permitted: (i) Structures and facilities for water supply, sewage disposal, and other utilities as may be necessary for operation of the Mobile Home Park Planned Development. (ii) Customary home occupations. (c) SITE LAYOUT. The construction and location of the mobile homes and all other structures and facilities shall be as shown on the final site plan approved by the Planning Board, which final site plan shall be substantially in accord with the above referenced site general site plan. There will be no change in location of mobile homes, stands, structures, or other facilities, anywhere in the Mobile Home Park Planned Development, without approval of a modified final site plan by the Planning Board. When the Planning Board is of the reasonable opinion that the modified site plan is a significant deviation from the general site plan referenced above, no modified site plan shall be approved by the Planning Board until the site plan has been submitted to, and approved by, the Town Board after public hearing. (d) INSTALLATION AND STANDS. Mobile homes and their installations shall comply with pertinent requirements of the New York State Uniform Fire Prevention and Building Code and its generally accepted standards for mobile homes. Any mobile homes installed in the Planned Development Zone 2 after the effective date of this local law shall, in addition, comply with any other requirements contained in this zoning ordinance or other Town legislation related to installation and stands, except that no anchoring shall be required of mobile homes installed on the stands in the existing Hillview Mobile Home Park located along Tammy Drive. (e) BUFFER YARDS. The normally required 30 foot buffer strip contained in subdivision 10 of Section 605 shall be increased to a required buffer strip at least 75 feet wide between the Mobile Home Park Planned Development and adjacent properties outside of 3 ✓ i Town of Danby Local Law #1 of 1994 Planned Development Zone 2. No structures and no parking spaces are permitted in the buffer ' yards, except for utility structures which are customary to mobile home park operation. Landscaping as shown on the General Site Plan shall be installed within one year of the date of final site plan approval. If not so installed, no further building permits shall be issued for any construction anywhere in Planned Development Zone 2, or for the siting of any mobile homes in Planned Development Zone 2 until the required landscaping is installed. (f) ACCESS DRIVES AND WALKWAYS. Access drives in the proposed area for expansion in the Mobile Home Park Planned Development shall be paved with blacktop, concrete, or other solid material, as shown on the approved final site plan. The drives and walkways in the already existing mobile home park area of the Mobile Home Park Planned Development may be constructed of a different surface material, such as crusher run stone, provided that the surface provides adequate support and access for emergency vehicles such as ambulances and fire trucks. (g) STORAGE. No outside storage of equipment or other household materials is permitted, nor is any such storage underneath the mobile homes permitted. The mobile home owner may erect a secure storage structure on a lot subject to the minimum setback requirements shown on the "Typical Lot Layout" provided with the above-referenced general site plan, subject to any pertinent building code requirements. (h) SCREENING OF WASTE AND REFUSE. If collection areas for waste and refuse are provided for the convenience of several home owners, such areas shall be secure from animals and the elements and of suitable size, and shall be screened from public view by landscaping or fencing in accordance with Section 605 of this zoning ordinance. (i) SIGNS. A sign identifying the mobile home park area is permitted at each park entrance. No such sign shall exceed 50 square feet in size. (j) BUILDING PERMITS. A building permit shall be required for each mobile home and, except as exempted by Section 1101 of the Zoning Ordinance, for all accessory buildings and other structures. (k) SITE PLAN APPROVALS. No building permit shall be issued for a structure within the Mobile Home Park Planned Development unless the proposed structure is in accordance with a site plan approved pursuant to the provisions of this Ordinance and approved by the Tompkins County Health Department. No subdivision of the Mobile Home Park Planned Development is permitted without approval of the Town Board, following Planning Board review. No alteration, amendment, or change in the Final Site Plan as approved by the Planning Board is permitted without further approval by the Planning Board (except as provided in the Zoning Ordinance relative 4 Town of Danby Local Law #1 of 1994 to modifications to site plans). (1) PROHIBITION OF CONSTRUCTION. Notwithstanding the foregoing, there shall be no new construction in the proposed Mobile Home Park Planned Development except for the construction of park access drives and utilities until the applicant has complied with all applicable requirements of the Tompkins County Health Department and demonstrated to the satisfaction of the Planning Board that the water supply and sewage disposal systems needed for the existing and the expanded mobile home park have no adverse impact on the quantity or quality of water supplies of existing residences adjoining the site, and until the applicant has been granted Final Site Plan Approval by the Planning Board. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. 5 ffardesty.LL, wp51, Danby, , 11/25/94 12:16pm SCHEDULE A Description of lands being rezoned from Low Density Residential to Planned Development Zone 2: Commencing at a point in the centerline of South Danby Road, which point of beginning is approximately 1180 feet south along South Danby Road from its intersection with the centerline of Route 96B and which point of beginning is in the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1- 4.5) and formerly owned by Floyd and Marian Hoover and known generally as 50 South Danby Road; running thence south along the centerline of South Danby Road approximately 110 feet to the southeast corner of Lot 3 as shown on the General. Site Plan referred to in this local law; running thence west along the south line of said Lot 3 a distance of approximately 215 feet to the intersection of said Lot line with the centerline of a drainage stream; running then northeasterly along said drainage stream and along a culvert to the point or place of beginning. • 6 • • • Hardesty.LL, wp51, Danby, , 11/25/94 12:16pm SCHEDULE B Description of lands being rezoned from Planned Development Zone 2 to Low Density Residential: Parcel 1: Commencing at a point in the southwest corner of premises reputedly owned by Hardesty (tax parcel 20-1-4.5) and formerly owned by Floyd and Marian Hoover and known generally as 50 South Danby Road,. which point of beginning is approximately 625 feet west of a point in the centerline of South Danby Road which point is located approximately 1690 feet south along the centerline of South Danby Road from its intersection with the centerline of Route 96B; running thence from said point of beginning north 30 degrees 25' east along a westerly line of said Hardesty premises 135.5 feet; running thence north 64 degrees 57' east approximately 430 feet to the south line of Lot 3 as shown on the General Site Plan referred to in this local law; running thence westerly along the south line of Lot 3 approximately 380 feet to the southwest corner of Lot 3; running thence southerly along the extended west line of Lot 3 approximately 400 feet to the point or place of beginning. Parcel 2: Commencing at the same point of beginning as Parcel 1 above, running thence easterly along the south line of said Hardesty property 625 feet to centerline South Danby Road; running thence south along said centerline 40 feet; running thence westerly parallel to the first course above approximately 625 feet; running thence northerly 40 feet to the point of beginning. The above descriptions are based, in part, upon a survey map entitled "Survey Map of a Dwelling at 50 South Danby Rd." prepared by Howard R. Schlieder dated October 17, 1986. 7 Hardesty.LL, wp51, Dan by, , 11/25/94 12:16pm SCHEDULE C Description of Mobile Home Park Planned Development: Commencing at a point in the centerline of South Danby Road, which point of beginning is approximately 790 feet south along South Danby Road from its intersection with the centerline of Route 96B and which point of beginning is in the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5); running thence south along the centerline of South Danby Road approximately 220 feet; running thence westerly, and substantially parallel to Tammy Drive a distance of approximately 585 feet to a point; running thence south along the west line of Lot 3 and premises of Hardesty as shown on the General Plan referred to above approximately 720 feet; running thence west along the north line of Lot 2 approximately 470 feet to a point; running thence south along a west line of Lot 2 approximately 130 feet to a point; running thence west along a line of Lot 2 a distance of approximately 50 feet to a point; running thence north, in part along premises reputedly of Van De Bogart (tax parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately 1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1-4.1); running thence east along Sherwood approximately 200 feet to Sherwood's southeast corner; running thence north along Sherwood's east line approximately 161 feet to the south line of Route 96B; running thence east along the south line of Route 96B approximately 750 feet to the west line of premises reputedly owned by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line approximately 278 feet to a point in the north line of premises reputedly owned by Tierney; running thence west along Tierney's north line approximately 100 feet to Tierney's northwest corner; running thence south along Tierney's west line approximately 448 feet to Tierney's southwest corner; running thence east along Tierney's south line approximately 274 feet to the place of beginning. Description of Residential Planned Development: Parcel 1: Commencing at a point in the centerline of South Danby Road, which point is located approximately 1010 feet south from its intersection with the centerline of Route 96B and which point of beginning is at the end of the first course in the above description of the Mobile Home Park Planned Development; running thence south along the centerline of South Danby Road approximately 170 feet to a point which is the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1-4.5); thence running southerly along the centerline. of South Danby Road approximately 110 feet to the southeasterly corner of Lot 3 as shown on the General Plan referred to above; running thence westerly along the south line of Lot 3 a distance of approximately 595 feet to the southwesterly corner of 8 • • Hardesty.LL, wp51, Danby, , 11/25/94 12:16pm Lot 3; running thence northerly a distance of approximately 280 feet to the northwest corner of Lot 3; running thence easterly a distance of approximately 585 feet to the place of beginning. Parcel 2: Commencing at a point in the centerline of South Danby Road, which point of beginning is located approximately 1730 feet south of the intersection of said centerline with the centerline of Route 96B, which point of beginning is 80 feet north along said centerline from the northeast corner of premises reputedly owned by Dietrich (tax parcel 20-1-4.3); running thence south along said centerline approximately 80 feet to the northeast corner of Dietrich; running thence west along Dietrich's north line approximately 455 feet to the northwest corner of Dietrich; running thence south-southwesterly along Dietrich's west line approximately 600 feet to a point; running thence westerly along the south line of Lot 1 as shown on said General Plan 'a distance of approximately 575 feet to the west line of the premises owned by Hardesty (tax parcel 20-1-4.2); running thence northerly along the west line of Lot 2 as shown on said Plan approximately 550 feet to a point; running thence easterly approximately 50 feet; running thence northerly approximately 130 feet; running thence easterly in part along the south line of the Mobile Home Park Planned Area a distance of approximately 1095 feet to the point or place of beginning. Description of Planned Development Zone 2: Commencing at a point in the centerline of South Danby Road, which point of beginning is approximately 790 feet south along South Danby Road from its intersection with the centerline of Route 96B and which point of beginning is in the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5); running thence south along the centerline of South Danby Road approximately 220 feet; continuing thence south along the centerline of South Danby Road approximately 170 feet to the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1-4.5); thence running southerly along the centerline of South Danby Road approximately 110 feet to the southeast corner of Lot 3 as shown on said General Plan; running thence westerly along the south line of Lot 3 approximately 595 feet; thence running southerly 400 feet to the southwest corner of said Hardesty parcel; running thence south along the west line or extended west line of said Hardesty parcel approximately 40 feet to a point; running thence east a distance of approximately 625 feet to the centerline of South Danby Road which point is approximately 80 feet north along said centerline from the northeast corner of premises reputedly owned by Dietrich (tax parcel 20-1-4.3); running thence south along said centerline approximately 80 feet to the northeast corner of Dietrich; running thence west along Dietrich's north line approximately 455 feet to the northwest corner of Dietrich; running thence south-southwesterly along Dietrich's west line approximately 600 feet to a point; running thence westerly along the south line of Lot 1 as shown on said General Plan a distance of approximately 575 feet; running thence northerly along 9 Hardesty.LL, wp51, Danby, , 11/25/94 12:16pm the west line of Lot 2 as shown on said Plan approximately 550 feet to a point; continuing thence north, in part along premises reputedly of Van De Bogart (tax parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately 1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1- 4.1); running thence east along Sherwood approximately 200 feet to Sherwood's southeast corner; running thence north along Sherwood's east line approximately 161 feet to the south line of Route 96B; running thence east along the south line of Route 96B approximately 750 feet to the west line of premises reputedly owned by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line approximately 278 feet to a point in the north line of premises reputedly owned by Tierney; running thence west along Tierney's north line approximately 100 feet to Tierney's northwest corner; running thence south along Tierney's west line approximately 448 feet to Tierney's southwest corner; running thence east along Tierney's south line 274 feet to the place of beginning. • • • • 10 • ADOPTED - JUNE 1, 1994 TOWN OF DAN BY LOCAL LAW NO. 1 - 1994 A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A MOBILE HOME PARK PLANNED DEVELOPMENT AND A RESIDENTIAL PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2 AND TO MODIFY THE BOUNDARIES OF SUCH ZONE. Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re- adopted by the Town Board on December 11, 1991, and subsequently amended, is further amended as follows: 1. The area described on Schedule A attached is hereby rezoned from Low Density Residential to Town of Danby Planned Development Zone 2. 2. The area described on Schedule B attached is hereby rezoned from Town of Danby Planned Development Zone 2 to Low Density Residential. 3. Henceforth, Town of Danby Planned Development Zone 2 shall be comprised of a Mobile Home Park Planned Development and a Residential Planned Development, as shown on a map approved by the Town Board on March 30, 1994 entitled "General Site Plan: Planned Development Zone 2, Hillview Terrace Subdivision and Mobile Home Park Expansion, Owners: Paul and Mary Lou Hardesty" dated August, 1993, revised through February 7, 1994. The boundaries of the Mobile Home Park Planned Development and the Residential Planned Development, and the overall boundaries of the entire Planned Development Zone 2 are set forth on Schedule C attached. 4. The Zoning Map of the Town of Danby, including the Supplement to the Zoning Map, Page 17, is hereby amended to show the boundaries of Planned Development Zone 2 as set forth in this local law, which boundaries shall supersede any previous boundaries for such Zone. 5. The Residential Planned Development shall be subject to the following provisions, notwithstanding any other pertinent zoning or subdivision requirements: (a) LIMITATION ON NUMBER OF LOTS. There shall be no more than three residential lots in the Residential Planned Development and the only uses on such lots shall be as set forth below. (b) PERMITTED PRINCIPAL USES. Permitted principal uses shall be limited to the following: (i) one single-family dwelling unit per lot to be occupied by no more than one family. (11) a two-family dwelling provided that (A) each dwelling unit is occupied by no more than one family; and 1 Town of Danby Local Law #1 of 1994 (B) one of the two units in the building are occupied by the owner of the building. For purpose of this ordinance the "owner" is one or more natural persons at least 18 years of age who is or are the record owner of at least a 50% interest in the property. Title held in tenants by the entirety or joint tenants shall be deemed (unless otherwise specifically designated in the deed or other record) for this purpose to be held in proportion to the number of joint tenants on the deed (e.g., if there are three persons on the deed as joint tenants, each is deemed to hold a one-third interest. In that circumstance at least two of the deed record owners would have to occupy the premises to qualify the building as being occupied by the owner of the building.) (c) PERMITTED ACCESSORY USES. Accessory uses shall be limited to those accessory uses permitted in a Low Density Residential Zone without a special permit by other terms of this ordinance. (d) USES PERMITTED BY SPECIAL PERMIT ONLY. The only other permitted uses shall be by special permit and shall be limited to (i) Nursery Schools, group family day care homes, and day care centers. (ii) Customary home occupations and professional residential offices where no external visible evidence of same exists on the site. (iii) Doublewide mobile homes if the same are permanently mounted on foundations. (e) BUFFER YARD REQUIREMENTS. A buffer yard 75 feet deep shall be established and maintained between the proposed Residential Planned Development and adjacent properties outside of Planned Development Zone 2. (f) LOT AREA. The lot area required for the residential lots shall be as shown on the final site plan which shall substantially conform to the general site plan referred to above. (g) OTHER REQUIREMENTS. Yards, signs, height and building area shall be in conformity with the requirements for .same in a Low Density Residential Zone, except that frontage requirements for each lot shall be as shown on the above-referenced site plan. 6. The Mobile Home Park Planned Development shall be - subject to the provisions of "Section 605 - Mobile Home Park Zone, Town of Danby Zoning Ordinance", as if it were a mobile home park governed. by said section. In addition to the provisions set forth in Section 605, the Mobile Home Park Planned Development shall be subject to the supplemental provisions set forth below. Where there is a conflict on a specific matter between the provisions of Section 605 and the provisions of this local law, the provisions of this local law shall 2 e Town of Danby Local Law #1 of 1994 to modifications to site plans). (1) PROHIBITION OF CONSTRUCTION. Notwithstanding the foregoing, there shall be no new construction in the proposed Mobile Home Park Planned Development except for the construction of park access drives and utilities until the applicant has complied with all applicable requirements of the Tompkins County Health Department and demonstrated to the satisfaction of the Planning Board that the water supply and sewage disposal systems needed for the existing and the expanded mobile home park have no adverse impact on the quantity or quality of water supplies of existing residences adjoining the site, and until the applicant has been granted Final Site Plan Approval by the Planning Board. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. 5 Town of Danby Local Law #1 of 1994 govern. The supplemental provisions are as follows: (a) MAXIMUM NUMBER OF MOBILE HOMES. (i) There shall be no more than 26 mobile homes located within the presently-existing Hillview Terrace Mobile Home Park. (ii) There shall be no more than 31 additional mobile homes located elsewhere in the Mobile Home Park Planned Development, such additional homes to be located substantially as shown on the above-referenced site plan. (b) ACCESSORY USES. In addition to the accessory uses permitted by Section 605, the following accessory uses are permitted: (i) Structures and facilities for water supply, sewage disposal, and other utilities as may be necessary for operation of the Mobile Home Park Planned Development. (ii) Customary home occupations. (c) SITE LAYOUT. The construction and location of the mobile homes and all other structures and facilities shall be as shown on the final site plan approved by the Planning Board, which final site plan shall be substantially in accord with the above referenced site general site plan. There will be no change in location of mobile homes, stands, structures, or other facilities, anywhere in the Mobile Home Park Planned Development, without approval of a modified final site plan by the Planning Board. When the Planning Board is of the reasonable opinion that the modified site plan is a significant deviation from the general site plan referenced above, no modified site plan shall be approved by the Planning Board until the site plan has been submitted to, and approved by, the Town Board after public hearing. (d) INSTALLATION AND STANDS. Mobile homes and their installations shall comply with pertinent requirements of the New York State Uniform Fire Prevention and Building Code and its generally accepted standards for mobile homes. Any mobile homes installed in the Planned Development Zone 2 after the effective date of this local law shall, in addition, comply with any other requirements contained in this zoning ordinance or other Town legislation related to installation and stands, except that no anchoring shall be required of mobile homes installed on the stands in the existing Hillview Mobile Home Park located along Tammy Drive. (e) BUFFER YARDS. The normally required 30 foot buffer strip contained in subdivision 10 of Section 605 shall be increased to a required buffer strip at least 75 feet wide between the Mobile Home Park Planned Development and adjacent properties outside of 3 0 Town of Danby e , • Local Law #1 of 1994 Planned Development Zone 2. No structures and no parking spaces are permitted in the buffer yards, except for utility structures which are customary to mobile home park operation. Landscaping as shown on the General Site Plan shall be installed within one year of the date of final site plan approval. If not so installed, no further building permits shall be issued for any construction anywhere in Planned Development Zone 2, or for the siting of any mobile homes in Planned Development Zone 2 until the required landscaping is installed. (f) ACCESS DRIVES AND WALKWAYS. Access drives in the proposed area for expansion in the Mobile Home Park Planned Development shall be paved with blacktop, concrete, or other solid material, as shown on the approved final site plan. The drives and walkways in the already existing mobile home park area of the Mobile Home Park Planned Development may be constructed of a different surface material, such as crusher run stone, provided that the surface provides adequate support and access for emergency vehicles such as ambulances and fire trucks. (g) STORAGE. No outside storage of equipment or other household materials is permitted, nor is any such storage underneath the mobile homes permitted. The mobile home owner may erect a secure storage structure on a lot subject to the minimum setback requirements shown on the "Typical Lot Layout" provided with the above-referenced general site plan, subject to any pertinent building code requirements. (h) SCREENING OF WASTE AND REFUSE. If collection areas for waste and refuse are provided for the convenience of several home owners, such areas shall be secure from animals and the elements and of suitable size, and shall be screened from public view by landscaping or fencing in accordance with Section 605 of this zoning ordinance. (i) SIGNS. A sign identifying the mobile home park area is permitted at each park entrance. No such sign shall exceed 50 square feet in size. (j) BUILDING PERMITS. A building permit shall be required for each mobile home and, except as exempted by Section 1101 of the Zoning Ordinance, for all accessory buildings and other structures. (k) SITE PLAN APPROVALS. No building permit shall be issued for a structure within the Mobile Home Park Planned Development unless the proposed structure is in accordance with a site plan approved pursuant to the provisions of this Ordinance and approved by the Tompkins County Health Department. No subdivision of the Mobile Home Park Planned Development is permitted without approval of the Town Board, following Planning Board review. No alteration, amendment, or change in the Final Site Plan as approved by the Planning Board is permitted without further approval by the Planning Board (except as provided in the Zoning Ordinance relative 4 TOWN OF DANILY LEGAI, NOTICE - LOCAL LAW # 2 OF 1994 • PLEASE TAKE NO'1':10E , that the Town Boa rd Spec i. n. I Mee I; .in held on Wednesday „hi fo I 1 ow ttg 1 oca.1 .1 a'W # 2 of 1 99,1 . TOWN OF DAN BY LOCAL, LAW NO . 2 OF Y: .. ' 'teals " �j �.: :-I: Y. ,, '` O AMLND_1'IIF ZONING OiZD.1 •. �' �` site, and shall be screened:N'I _ZONI, _COMPUISF O OF A t from public view by land 3 _ _. .... ._.. ..._.-_. ._.... ... '"" 'coping or fencing. — , _l,c , . 1. )CATi-D ON '1'111: , c Section 2. Where there is a EAST' O1� SOUTH DANBY ,i...:.,.:, +,:: . 1• •conflict on a specific matter ---- --- -- --between the provisions of fOWN. CANBY . Section 603, Commercio :'•• LEGAL: NOTICE-LOCAL •=Target Area and the provi- 7 o rt 1 tl g Ord i. n a n c e o f t LA #2 OF 1994 i signs of this local low, the o t.e d b•y the T O to n Board pL SE;.TAKE NOTICE, provisions of, this local law P that the Town .Board of the shall govern. Jed , Is Further a m e n d e d 10 of Danby at a Special Section 3. In the event that Me ting held on Wednesday, any portion of this law is u 13,'1994 adopted the' declared invalid by a court of owing',,loco) .Low #2 .of. of competent iursidiction, the t I)y 13.1 n n n e d De V e 10 J)tn 1994•.. . " • • ' validity of the remaining por• h a i l lie C O rn[�r I. S e d o I a -. . TOWN bF DANBY;,t. lions shall not be affected by O.f Town O I Danby T . I LOCAL LAW;15t4O { 2OF .-suds decloiation of invalidly. • i;_,• .. •••":,(,;',::;;.,� 4 Section 4. This law shall take• • . 1 Be It enacted by,th owls,'effect 0 days after its odop•' new 4 -unit d w e 1 .l i.n g , Board of the Town of Danb�yy lion of the dote It is filed in A LOCAL LAW.TO•.AMEND the Office of the Secretor�yof. o v e d by the Town Board • THE ZONING ORDINANCE State of the State of Newt t A • r t i l t , a t 1 c 1 t C ' : „I'c i.:.', TO ESTABLISH_A'PLANNED ;York,:whichever is later., '..DEVELOPMNT.'.ZONE : SCHEDULE 1 : Owne r• : Rudy i.,au reits011 ;1 g;;COMPRISED.OF A:f ORTION •Description of lands being re: r ; OF.;TOWN.OF DANBY TAX:toned from Low Density Resi-1. 99 1 and a drawing F f} PARCEL':NO. ,:,13 1.8, l0- denHol Zone to Planned De- ; r e n S O n , Danby R d . , d a CATER; ON.,:THE''.NORTH:•velopment Zone 16: ' i'SIDE••• OF DANBY'; ROAD`Commencing .at a point ;. EAST'',OF, SOUTH :DANBY which ,Is the intersection of ROAD ' ' the centerlines of N.Y.S.r i.b e d on Schedule A a • Secttot"i'1. The Zoning Ordi• Route• 96B. (o/k/a Ithaca I ' nonce of the Town.of,Danby Road)`-and .South Danby b y Low • I)e n s 1 1;y Re s i t r as 're-enacted,. and re- .Road; i adoppted by the Town Board• Running thence northerly to) ' on December 1 1,i 1991;and on-iron pin,which pine marks ' subsequently amended, is fur- the southwest corner of pram-1 . , ,;. ther,ascended as follows:" . ises owned by Rudy louren•,- o f the Town o I' Danby , 1 f".1:' Town of Danby Planned .son and the southeast corner li y amended to show t}1 Development _Zone 16 Is of premises reputedly owned hereby,established, and shall. by Chris Muko; • e tl t 7 o tt a 1. 6 as Set 10 be comprised;of:aril 6 92A'.Running thence North 14 de-, .,..,date parcel to be subdivide green 52 minutes, 10 sec- out-of•Town;of Danby Tax onds East a distance of 885. ' 1 Parcel.NO.,13.-1.8 to contain 43 feet' to o point which Pirtle tl t; Zone 1 6 shall b e d ' ,oposed new,, 4-unit;marks the northwest corner of t,114 t;tl n d i n f; any U t dwe ng, as shown on the;; remises' 'owned. by Rudy. '`�':'.F... (3) p. p-:L er• regulatory require r olio 'ing three 3 mo 9'd aurenson and the southeast }`i=''•pro d b' the Town Board on,Corner of premises reputedly - .'`. July 3, 1994 entitled."Gen- owned by,.Daniel and Gail eral'Site Plans 'A';•'B' and:Sullivan; 1- I. be no more than f Ou -,'C':,Proposed Planned bevel- Running thence South 75 de- o ment.Zone, Danby Rodd reel; 37, minutes, 50 sec• pp y . g l.otS in the Planned D ' ;'owner: • Rudy .Laurerigoti,:; onds Eosi to a point which II.. dated;March.16 '1994, re-".marks the,northeast corner of 1 ,.' ,vi=ed Juni,29 1 994; and a:•premises-owned. by Rudy drdwin `entitled `: f rapoied Laurenson`and a corner of principal , a c c e s s o r y • I' . '4-unit:f slling, Rudy ldurOn::premises reputedly owned by t,}l�' same a S those j�e ;;•''-9ori,.Donby.9R dated aFeb''Runntl and then GccelSot Sullivan;de r. The '1994 N,? a ]. zone except that a! 1`, , ry g 2.' The area described on green, 7 minutes, 25 seconds Schedule A .,attached..Is West a distance of 849.59 )n e f o ti r—'' 91117 1 p 1 hereby lezon�d,fromoow� of feet to an nthen pin; .35 de- thlrast USt this torn for iillsp Sour Load Low with the Secretor) of Stile) i ext 01 law should be given its amended. Do not Include matter being • Mirnin:ittd And do hot t►Se italics Or underlining to Indicate new mailer. • o`tiNiX • rtt< ' DANDY icon of • nfM-At x • • ' Loral Liao No. 2 of the year 19 9rt • A ineAllaa . . YU AMEND 111E ZONING ORDINANCE TO ESTAh3Lt5)1 A PLANM P iJEVl`-L(JrMFf1 i 7.0 4E i.264irRt;6,r1a,�;1:jF 'A PORTION OF TOWN OF DANDY TAx IARCr_L 1113.-1-8, LOCATED ON THE NORTH SIDE OF DANDY ROAD EAST OF SOUTH DANBY ROAD • He it tnatftd 6t no TOWN BOARD of the (Name et Leo/With a Pod)) (,drib) 01,( of • f_lANt3.Y 1.040 as fuilot+s: 1�Ifd�!cX Section 1 . The Zoning Ordinance of the Tow,, of Danby as re- enacted , and re-adopted by the Towti Hoard on December 11 ,. 1991 , and subsequently amended , is further amended as follows : 1 . town of Denby Planned Development Zone 16 is hereby established , And Shall be comprised of nn 6 . 92 +/- acre parcel to I.,f huhd.lvidcd out of Town of Denby Tax Parcel No . 13 . - 1 -8 to • contain n proposed new I-tin.it dwelling , ns shown on the following : three ( 1 ) mapa approved by the Town Hoard on July 13 , 1991 entitled "►)metal. Site Plana 'A ' , ' D ' , and 'C' : Proposed Planned Development Zot,P , Danby Road , Owner : Rudy Lnurenson , " dated March 16 , 1994 , zevi.sed . Jn►te 29 , 1991 : and rt drawing entitled "Proposed 4 -unit t)wr.l _l itir , Rudy Lautenbon, Danby Rd . , " dated February 4 , 1994 . 2 . The nre,i described on Schedule A clinched is hereby rezoned from Town of Danby Low Density Residential Zone to Planned Development Zone 16 3 . The 7,otti.nq Flap of the Town of Danby , and the Supplement to the Zoning ilop, rite hereby amended to show the location and •.boundnries of planned Development Zone 16 as set forth in this local .law. • 4 . Planned Development Zone 16 shall be subject to the following prowl ^ ions , notwithstanding any other . pertinent zoning , sttbd.lvi.aioti , or other regulatory requirements : ( a ) 'there ahrti.l .be no more than four dwelling units nor more than ttao lot! in the Planned Development Zone . ( 1 ) • Permitted princi.pal , • accessory and special permit uses shali. be the grime as those permitted in a Low Densi t.'y Residr ntitil Zone , except that an additional permitted use Shull be one four-unit multiple dwelling . ( r ) Yards , ± ignn , height , and building area shell be in conform) ►►' wilb the requirements for some in a Low Density Residential Zone . Id ) . The con!xtrnctiott and location of the proposed 4-unit multiple dwelling shall be as shown on the final site Plana approved by the Planning Hoard , which final site ___111 Additional sf,artis hreded. 'Nose attach sheets of the some size as this and number each► .._.____.... ._. . , • , • • . dime Use this Form for Filing your Local Law with the Secretary of State) • • Text of law should be given as Amended. Do not include matter being • eliminated and do not use italics or underlining to indicate new matter. . igtlfrOW • . , cky Tow n of I) RY • •. •• Local Law No. 1 of the year 19,11 . . A local lAw . , .TO. AMEND. THE .WNIftG. ORDINARCE. .TO. .ESIABLIS.H.A .MOBJLE HOME PARK PLANNED DEVErtrOIRMENT AND A RESIDENTIAL PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2 AND TO MODIFY THE BOUNDARIES OF SUCH ZONE . , • • • be it enacted by the . . T.011:1. KINN.113.Y. :MYR . PAR ? of the (tlm.of Leltslothe Body) • County CAI" of . , .T PMP.K I fiS • as follows: • , . • Riktftx • Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re- adopted by the Town Board on December 11, 1991, and subsequently amended, is further amended as follows: . • • 1. The area described on Schedule A attached is hereby rezoned from Low Density Residential to Town of Danby Planned Development Zone 2. ' 2. The area described on Schedule B attached is hereby rezoned from Town of Danby Planned Development Zone 2 to Low Density Residential. 3. Henceforth, Town of Danby Planned Development Zone 2 shall be comprised of a Mobile Home Park Planned Development and a Residential Planned Development, as shown on map approved by the Town Board on March 30, 1994 entitled "General Site Plant Planned Development Zone 2, Hillview Terrace Subdivision and Mobile Home Park Expansion, Owners: Paul and Mary Lou . Hardesty" dated August, 1993, revised through February 7, 1994. The boundaries of the Mobile Home Park Planned Development and the Residential Planned Development, and the overall boundaries of the entire Planned Development Zone 2 are set forth on Schedule C attached. 4. The Zoning Map of the Town of Danby, including the Supplement to the . Zoning Map, Page 17, is hereby amended to show the boundaries of Planned Development Zone 2 as set forth in this local law, which boundaries shall supersede an previous boundaries. for such Zone. 5. The Residential Planned Development shall be subject , to the following provisions, notwithstanding any other pertinent zoning . or subdivision requirements! (a) LIMITATION ON NUMBER OF LOTS. There shall be no more than three residential Iota in the Residential Planned Development and the only uses on such lots shall be as set forth below. (b) " PERMITTED PRINCIPAL USES. , Permitted principal uses shall be limited to the following: •' • one single-family dwelling unit per lot to be occupied by no more than one family. • (ii) a two-family dwelling provided that • (A) each dwelling , unit is occupied by no more than one family; and . . • 111 additional space is needed,please attach sheets of the same size as this and number each) • • • ' • •• •• (B) ohe of the two units in the building are occupied by the owner of the building. For purpose of this ordinance the "owner" is one or more natural persons at least 18 years of age who is or are the record owner of at least a 50% interest in the property. Title held in tenants by the entirety or joint tenants shall be . deemed (unless otherwise specifically designated in the ( W'ed or other record) for this purpose to be held in proportion to the number of joint tenants on the deed (e.g., if there are three persons on the deed as joint tenants, each is deemed to hold a one-third interest. In that circumstance at least two of the deed record owners would have to occupy the premises to qualify the building as being occupied by the owner of the building.) (c) PERMITTED ACCESSORY USES. Accessory uses shall be limited to those accessory uses permitted in a Low Density Residential Zone without a special permit by other terms of this ordinance. (d) USES PERMITTED BY SPECIAL PERMIT ONLY. The only other permitted uses shall be by special permit and shall be limited to (i) Nursery Schools, group family day care homes, and day care centers. (ii) Customary home occupations and professional residential offices where no external visible evidence of same exists on the site. (iii) Doublewide mobile homes if the same are permanently mounted on foundations. (e) BUFFER YARD REQUIREMENTS. A buffer yard 75 feet deep shall be established and maintained between the proposed Residential Planned Development and adjacent properties outside of Planned Development Zone 2. (f) LOT AREA. The lot area required for the residential lots shall be as shown on the final site plan which shall substantially conform to the . general site plan referred to above. (g) OTHER REQUIREMENTS. Yards, signs, height and building area shall be in conformity with the requirements for same in a Low Density Residential Zone, except that frontage requirements for each lot shall be as shown on the above-referenced site plan. 6. The Mobile Home Park Planned Development shall be subject to the provisions of "Section 605 j Mobile Home Park Zone, Town of Danby Zoning Ordinance", as if it were a mobile home park governed by said section. In addition to the provisions set forth in Section 605, the Mobile }tome Park Planned Development shall be subject to the supplemental provisions set forth below. Where there is a conflict on a specific matter between the provisions of Section 605 and the provisions of this local law, the provisions of this local law shall govern. The supplemental provisions are as follows: (a) MAXIMUM NUMBER OF MOBILE HOMES. (i) There shall be no more than 26 mobile homes located within the presently-existing Hillview Terrace Mobile Home Park. (ii) There shall be no more than 31 additional mobile homes located elsewhere in the Mobile Home Park Planned Development, such additional homes to be located substantially as shown on the above-referenced site plan. (b) ACCESSORY USES. In addition to the accessory uses permitted by Section 605, the following accessory uses are permitted: • 2 (i) Structures and facilities for water supply, sewage disposal, and other utilities as may be necessary for operation of the Mobile Home Park Planned Development. (ii) Customary home occupations. (c) SITE LAYOUT. The construction and location of the mobile homes and all other structures and facilities shall be as shown on the final site plan approved by the Planning Board, which final site plan shall be substantially in accord with the above referenced site general site plan. There will be no change in location of mobile homes, stands, structures, or other facilities, anywhere in the Mobile Home Park Planned Development, without approval of ,a modified final site plan by the Planning Board. When the Planning Board is of the reasonable opinion that the modified site plan is a significant deviation from the general site plan referenced above, no modified Rite plan shall be approved by the Planning Board until the site plan has been submitted to, and approved by, the Town Board after public hearing. (d) INSTALLATION AND STANDS. Mobile homes and their installations shall comply with pertinent requirements of the New York State Uniform Fire Prevention and Building Code and its generally accepted standards for mobile homes. Any mobile homes installed in the Planned Development Zone 2 after the effective date of this local law shall, in addition, comply with any other requirements contained: in this zoning ordinance or other Town legislation related to installation and stands, except that no anchoring shall be required of mobile homes installed on the stands in the existing Hillview Mobile Home Park located along Tammy Drive. (e) BUFFER YARDS. The normally required 30 foot buffer strip contained in subdivision 10 of Section 605 shall be increased to a required buffer strip at least 75 feet wide between the Mobile Home Park Planned Development and adjacent properties outside of Planned Development Zone 2. No structures and no parking spaces are permitted in the buffer yards, except for utility structures which are customary to mobile home park operation. Landscaping as shown on the General Site Plan shall be installed within one year of the date of final site plan approval. If not so installed, no further building permits shall be issued for any construction anywhere in Planned Development Zone 2, or for the siting of any mobile homes in Planned Development Zone 2 until the required landscaping is installed. (f) ACCESS DRIVES AND WALKWAYS. Access drives in the proposed area for expansion in the Mobile Home Park Planned Development shall be paved with blacktop, concrete, or other solid material, as shown on the approved final site plan. The drives and walkways in the already existing mobile home park area of the Mobile }tome Park Planned Development may be constructed of a different surface material, such as crusher run stone, provided that the surface provides adequate support and access for emergency vehicles such as ambulances and fire trucks, (g) STORAGE. No outside storage of equipment or other household materials is permitted, nor is any such storage underneath the mobile homes permitted. The mobile home owner may erect a secure storage structure on a lot subject to the minimum setback requirements shown on the "Typical Lot Layout" provided with the above-referenced general site plan, subject to any pertinent building code requirements. (h) SCREENING OF WASTE AND REFUSE. If collection areas for waste and refuse are provided for the convenience of several home owners, such areas shall be secure from animals and the elements and of suitable size, and shall be screened from public view by landscaping or fencing in accordance with Section 605 of this zoning ordinance. 3 • (i) SIGNS. A sign identifying the mobile home park area is permitted at each park entrance. No such sign shall exceed 50 square feet in size, (j) BUILDING PERMITS. A building permit shall be required for each mobile home and except as exempted by Section 1101 of the Zoning Ordinance, for all accessory'u buildings and other structures. (k) SITE PLAN APPROVALS. No building permit shall be issued for a structure within the Mobile Home Park Planned Development unless the proposed structure is in accordance with a site plan approved pursuant to the provisions of this Ordinance and approved by the Tompkins County Health Department. No subdivision of the Mobile Home Park Planned Development is permitted without approval of the Town Board, following Planning Board review. No alteration, amendment, or change in the Final Site Plan as approved by the Planning Board is permitted without further approval by the Planning Board (except as provided in the Zoning Ordinance relative to modifications to site plans). (1) PROHIBITION OF CONSTRUCTION. Notwithstanding . the foregoing, there shall be no new construction in the proposed Mobile Home Park Planned Development except for the construction of park access drives and utilities until the applicant has complied with all applicable requirements of the Tompkins County Health Department and demonstrated to the satisfaction of the Planning Board that the water supply and sewage disposal systems needed for the existing. . nd the expanded mobile home park have no adverse impact on the:- quantity or quality of water supplies of existing residences adjoining the Site, and until the applicant has been granted Final Site Plan Approval by the Planning Board. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. 4 SCHEDULE A • Dscription_of lands being rezoned from Low Density Residential to Planned Development Zone 2: Commencing at a point in the centerline.!-of South Danby Road, which point of beginning is approximately 1180 feet south along South Danby Road from its intersection with the centerline of Route 96B and which point of beginning is in the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1- 4.5) and formerly owned by Floyd and. Marian Hoover and known generally as 50 South Danby Road; running thence south along the centerline of South Danby Road approximately 110 feet to the southeast corner of Lot 3 as shown on the General Site Man referred to in this local law; running thence west along the south line of said Lot 3 a distance of approximately 215 feet to the intersection of said Lot line with the centerline of a drainage stream; running then northeasterly along said drainage stream and along a culvert to the point or place of beginning. SCHEDULE B Description of lands being rezoned from Planned Development Zone 2 to Low Density Residential: Parcel 1: . Commencing at a point in the southwest corner of premises reputedly owned by Hardesty (tax parcel 20-1-4.6) and formerly owned by Floyd and Marian Hoover and known generally as 50 South Danby Road, which point of beginning is approximately 625 feet west of a point in the centerline of South Danby Road which point is located approximately 1690 feet south along the centerline of South Danby Road from its intersection with the centerline of Route 96B; running thence from said point of beginning north 30 degrees 25' east along a westerly line of said Hardesty premises 135.6 feet; running thence north 64 degrees 67' east approximately 430 feet tO the south line of Lot 3 as shown on the General Site Plan referred to in this local law; running thence westerly along the south line of Lot 3 approximately 380 feet to the southwest corner of Lot 3; running thence southerly along the extended west line of Lot 3 approximately 400 feet to the point or place of beginning. Parcel 2: Commencing at the same point of beginning as Parcel 1 above, running thence easterly along the south line of said Hardesty property 625 feet to centerline South Danby Road; running thence south along said centerline 40 feet; running thence westerly parallel to the first course above approximately 625 feet; running thence northerly 40 feet to the point of:beginning. The above descriptions are based, in part, upon a survey map entitled "Survey Map of a Dwelling at 60 South Danby Rd." prepared by Howard R. Schlieder dated October 17, 1986. • 5 • SCHEDULE C •L Description of Mobile Home Park Planned Development: Commencing at a point in the centerline of South Danby Road, which point of beginning is approximately 790 feet south along South Danby Road from its intersection with the centerline of Route 96B and which point of beginning is in the southeast corner of premises reputedly owned by Tierney"(tax parcel 20-1-5); running thence south along the centerline of South Danby Road approximately 220 feet; running thence westerly, and substantially parallel to Tammy Drive a distance of approximately 585 feet to a point; running thence south along the west line of Lot 3 and premises of Hardesty as shown on the General Plan referred to above approximately 720 feet; running thence west along the north line of Lot 2 approximately 470 feet to a point; running thence south along a west line of Lot 2 approximately 130 feet to a point; running thence west along a line of Lot 2 a distance of approximately 50 feet to a point; running thence north, in part along premises reputedly of Van De Bogart (tax parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately 1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1-4.1); running thence east along Sherwood approximately 200 feet to Sherwood's southeast corner; running thence north along Sherwood's east line approximately 161 feet, to the south line of Route 96B; running thence east along the south line of Route 968 approximately 750 feet to the west line of premises reputedly owned by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line approximately 278 feet to a point in the north line of premises reputedly owned by Tierney; running thence west along Tierney's north line approximately 100 feet to Tierney's northwest corner; running thence south along Tierney's west line approximately 448 feet to Tierney's southwest corner; running thence east along Tierney's south line approximately 274 feet to the place of beginning. Description of Residential Planned Development: Parcel 1: Commencing at a point in the centerline of South Danby Road, which point is located approximately 1010 feet south from its intersection with the centerline of Route 96B and which point of beginning is at the end of the first course in the above description of the Mobile Home Park Planned Development; running thence south along the centerline of South Danby Road approximately 170 feet to a point which is the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1-4.5); thence running southerly along the centerline of South Danby Road approximately 110 feet to the southeasterly corner of Lot 3 as shown on the General Plan referred to above; running thence westerly along the south line of Lot 3 a distance of approximately 695 feet to the southwesterly corner of Lot 3; running thence northerly a distance of approximately 280 feet to the northwest corner of Lot 3; running thence easterly a distance of approximately 585 feet to the place of beginning. Parcel 2: Commencing at a point in the centerline of South Danby Road, which point of beginning is located approximately 1730 feet south of the intersection of said centerline with the centerline of Route 96B, which point of beginning is 80 feet north along said centerline from the northeast corner of premises reputedly owned by Dietrich (tax parcel 20-1-4.3); running thence south along said centerline approximately 80 feet to the northeast corner of Dietrich; running thence west along Dietrich's north line approximately 455 feet to the northwest corner of Dietrich; running thence south-southwesterly along Dietrich's west line approximately 600 feet to a point; running thence westerly along the south line of Lot 1 as shown on said General Plan a distance of approximately 575 feet to the west line of the premises owned by Hardesty (tax parcel 20-1-4.2); running thence northerly along the west line of Lot 2 as shown on said Plan approximately 550 feet to a point; running thence easterly approximately 50 feet; running thence northerly approximately 130 feet; running thence easterly in part along the south line of the Mobile Home Park Planned Area a distance of approximately 1095 feet to the point or place of beginning. 6 Description of Planned Development Zone 2: Commencing at a point in the centerline of South Danby Road, which point of beginning is approximately 790 feet south along South Danby Road from its intersection with the centerline of Route 96B and which point of beginning is in the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5); running thence south along the centerline of South Danby Road approximately 220 feet; continuing thence south along the centerline of South Danby Road approximately 170 feet to the northeast corner of premises reputedly owned by liardesty (tax parcel 20-1-4,5); thence running southerly along the centerline of South Danby Road approximately .110 feet to the southeast corner of Lot 3 as shown on said General Plan; running thence westerly along the south line of Lot 3 approximately 595 feet; thence running southerly 400 feet to the southwest corner of said Hardesty parcel; running thence south along the west line or extended west line of said Ilardeaty parcel approximately 40 feet to a point; running thence east a distance of approximately 625 feet to the centerline of South Danby Road which point is approximately 80 feet north along said centerline from the northeast corner of premises reputedly owned by Dietrich (tax parcel 20-1-4.3); running thence south along said centerline approximately 80 feet to the northeast corner of Dietrich; running thence west along Dietrich's north line approximately 455 feet to the northwest corner of Dietrich; running thence south-southwesterly along Dietrich's west line approximately 600 feet to a point; running thence westerly along the south line of Lot 1 as shown on said General Plan a distance of approximately 575 feet; running thence northerly along the west line of Lot 2 as shown on said Plan approximately 550 feet to a point; continuing thence north, in part along premises reputedly of Van De Bogart (tax parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately- • 1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1- 4.1); running thence east along Sherwood approximately 200 feet to Sherwood's southeast corner; running thence north along Sherwood's east line approximately 161 feet to the south line of Route 96B; running thence east along the south line of Route 96B approximately 750 feet to the west line of premises reputedly owned by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line approximately 278 feet to a point in the north line of premises reputedly owned by Tierney; running thence west along Tierney's north line approximately 100 feet to Tierney's northwest corner; running thence south along Tierney's west line approximately 448 feet to Tierney's southwest corner; running thence east along Tierney's south line 274 feet to the place of beginning. • 7 (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) . . 1. (Final adoption by local legislative body only.) • ' . • • I hereby certify that the local law annexed hereto,designated as local law No; 1 of 19 94 MX of the • of , , ,bANBY, , , , , , was duly passed by the TOWN BOARD • Town V(tst�8 (Name of Legislative Body) . Y�( on ...JUNE., - 1 19 .fig... in accordance with the applicable provisions of law. • • • 2: (Passage by local legislative y with approval or no disappr by Elective Chief Executive Ricer,* or repassage after disappr .) ... - I hereby c y that the local law annexed her ,designated as local law No. . .. . . . . of 19 Count • Cit of the w n of was du assed by the Village (Name egislative Body) .• of disapproved . . . on , ,,,...,,, ,. 19 ,,,, and was approved . by t repassed after disapproval Elective Chief E.rec veofficer• and was deemed duly opted on • 19 , in accordance'.w• the applicable . • provisions of law, . - • J. (Final adoption by referendum. . -. . I hereby certify th he local law annexed hereto,desig - ed as local law No. ...of 19 County • City • • of •the of . , . . , „ • was duly passed by e • Town • Village (Name of I illative Body) ' not disappr. d ' • • • . on • ,,,,,,,,,,,,, 19 and was • • .roved • by the • repasse. :leer disapproval Elective Chief Etecutive Of(ice'''. on - •,.,,, ,,,, 19 i..... .• Such local law was submits d to the people by reason of a mand ory referendum, and receiv a the affirmative vote of a majo ty of the qualified electors voting per ssive general t reon at the special electio eld on • • 19 , in accordance with the applicable annual rocisions of law, 4. (Subject to permisslre referendum, final adoption because no valid petition filed requesting referendum.) I hereby certify that th cal law annexed hereto, designated as 1• .1 law No. • of 19.. .... County • of the Town of , , , . , . . . . , . t , , , was duly passed by the , Village • (Name of Legislative Bod)) not disapproved on 19 and was approve. by the • . repassed ar • pproval Elective Chi xecutive Officer' on . , , , . , . , , , , . • - 19 . „Such local law was subject to a per lssive referendum and no valid tition requesting such referendu . as filed as of • 19 ' in acc dance with the applicable provisio• of law, • 4Electhe Chief Executhe Officer means or includes the chief executhe officer of a county elected on a count}-wide basis or.if there be hone,the chairman of the counts legislative body,the mayor of a city or siliage or the supersisor of a town where such officer Is tested with poet to approt•e or Seto local laps or ordinances. t2) 5. tClty local lass concerning Charter recision proposed b) petition.) ( hereby reify that the local law a eked hereto,designated as to I law No. of 19 of the City o , , having been s milted to referendum pur ant to the provision of/36 7 3 of the Municip nome Rule Law•, and ha • g received the affirmat' a vote of a majori of the qualified elect° of such city seeing thereon a he gespecial neral election het n 19 becam perative. 6. (Count) local lass conc. rning adoption of Charter.) ti hereby cer y that the local law Ann d hereto, designated as al law No . of 19... .... of the County of . . . . , , . . . tate of New York, havi been submitted to a Elector t the General Electio f Nosember . . , , 19 • , pursuant subdivisions 3 and of section of the Municipal Ho a Rule Law, And has' received the affirmativ ore of a majority the qualifi electors of the cities o said county As a uni nd of a majority of the ualified elector o e towns of aid county Considered a unit voting at sal eneral election, became erative. (If any oth authorized form final adoption has been ollowed, please provide an appropriate certifica- tion.) 1 rther certify that I have compared the preceding local law with the original on file in this office And Ih the same is A correct transcript therefrom and f the whole of such original local law, and was finally claimed in the manner indicated in paragraph .,...f above. Clerk of iht C. ...ts Ierusl.tite b ', its. 7o+nor \ill.re Ott or °)Mete designated to .I ltlisl.me beds • bate: JUNE 3, 1994 (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OP NEW YORK COUNTY OF -0)1100/P/S • I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of he cal law annexed hereto. • • • Siemer,/ n Title -Ceuta) �} bate:T re 9` ) ?' I o f anly 'town Vitt>igf • • (3, NYS DEPARTMENT OF STATE • BUREAU OF STATE RECORDS MUNICIPALITY 162 Washington Avenue ,,,QC.\\`"..':1.` �,i Town of Danby Albany, NY 12231-0001 DATE: 6/15/94 ?\,••;',.•°' O�Il .\ �, LOCAL LAWS) N0. YEAR FILING DAJE• �1� , 1 1994 6/13/94 '�. . \ . . -t- V. Local Law Acknowledgment' The above-referenced material was received _ __ and filed by this office as indicated. CAROL W. SCZEPANSKI I • TOWN OF DANBY 1830 DANBY ROAD ITHACA NY 14850 Additional local law filing forms will be I_ _I forwarded upon request.', DOS-236 (Rev. 6/90) • • (Please Use this Form for Filing your Local Law with the Secretary of State) • • Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. • eky; of DANB.Y Town Local Law No. 1 of the year 19�4 A local law . . . . .TQ .AM.N.J . THE .Z NIN.G. ORDINAN.CE. TO. .ES.T.ABLIS.H.A .MOBJLE HOME PARK PLANNED DEVELsOPMENT AND A RESIDENTIAL PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2 AND TO MODIFY THE BOUNDARIES OF SUCH ZONE . Be it enacted by the . . . . . . . TQWN. OF', DANRY. TQW(v, ROMP of the (Name of Legislate a Body) County C Tltlt itx of Tf7MP.K I N.S as follows: lt Valiapex Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re- adopted by the Town Board on December 11, 1991, and subsequently amended, is further amended as follows: • 1. The area described on Schedule A attached is hereby rezoned from Low Density Residential to Town of Danby Planned Development Zone 2. 2. The area described on Schedule B attached is hereby rezoned from Town of Danby Planned Development Zone 2 to Low Density Residential. 3. Henceforth, Town of Danby Planned Development Zone 2 shall be comprised of a Mobile Home Park . Planned Development and a Residential Planned Development, as shown on a map approved by the Town Board on March 30, 1994 entitled "General Site Plan: Planned Development Zone 2, Hillview Terrace Subdivision and Mobile Home Park Expansion, Owners: Paul and Mary Lou Hardesty" dated August, 1993, revised through February 7, 1994. The boundaries of the Mobile Home Park Planned Development and the Residential Planned Development, and the overall boundaries of the entire Planned Development Zone 2 are set forth on Schedule C attached. 4. The Zoning Map of the Town of Danby, including the Supplement to the Zoning Map, Page 17, is hereby amended to show the boundaries of Planned Development Zone 2 as set forth in this local law, which boundaries shall supersede any previous boundaries for such Zone. 5. The Residential Planned Development shall be subject to the following provisions, notwithstanding any . other pertinent zoning or subdivision requirements: (a) LIMITATION ON NUMBER OF LOTS. There shall be no more than three residential lots in the Residential Planned Development and the only uses on such lots shall be as set forth below. (b) PERMITTED PRINCIPAL' USES. Permitted principal uses shall be limited to the following: . (i) one single-family dwelling unit per lot to be occupied by no more than one family. - (ii) a two-family 'dwelling provided that (A)_ each dwelling unit is occupied by no more than one family; and . (If additional space is needed, please attach sheets of the same size as this and number each) . • (�� • • • (B) one of the two units in the building are occupied by the owner of the building. For purpose of this ordinance the "owner" is one or more natural persons at least 18 years of age who is or are the record owner of at least a 50% interest in the property. Title held in tenants by the entirety or joint tenants shall be deemed (unless otherwise specifically designated in the deed or other record) for this purpose to be held in proportion to the number of joint tenants on the deed (e.g., if there are three persons on the deed as joint tenants, each is deemed to hold a one-third interest. In that circumstance at least two of the deed record owners would have to occupy the premises to qualify the building as being occupied by the owner of the building.) (c) PERMITTED ACCESSORY USES. Accessory uses shall be limited to those accessory uses permitted in a Low Density Residential Zone without a special permit by other terms of this ordinance. (d) USES PERMITTED BY SPECIAL PERMIT ONLY. The only other permitted uses shall be by special permit and shall be limited to (i) Nursery Schools, group family day care homes, and day care centers. (ii) Customary home occupations and professional residential offices where no external visible evidence of same exists on the site. (iii) Doublewide mobile homes if the same are permanently mounted on foundations. (e) BUFFER YARD REQUIREMENTS. A buffer yard 75 feet deep shall be established and maintained between the proposed Residential Planned Development and adjacent properties outside of Planned Development Zone 2. (f) LOT AREA. The lot area required for the residential lots shall be as shown on the final site plan which shall substantially conform to the general site plan referred to above. (g) OTHER REQUIREMENTS. Yards, signs, height and building area shall be in conformity with the requirements for same in a Low Density Residential Zone, except that frontage requirements for each lot shall be as shown on the above-referenced site plan. 6. The Mobile Home Park Planned Development shall be subject to the provisions of "Section 605 - Mobile Home Park Zone, Town of Danby Zoning Ordinance", as if it were a mobile home park governed by said section. In addition to the provisions set forth in Section 605, the Mobile Home Park Planned Development shall be subject to the supplemental provisions set forth below. Where there is a conflict on a specific matter between the provisions of Section 605 and the provisions of this local law, the provisions of this local law shall govern. The supplemental provisions are as follows: (a) MAXIMUM NUMBER OF MOBILE HOMES. (i) There shall be no more than 26 mobile homes located within the presently-existing Hillview Terrace Mobile Home Park. (ii) There shall be no more than 31 additional mobile homes located elsewhere in the Mobile Home Park Planned Development, such additional homes to be located substantially as shown on the above-referenced site plan. (b) ACCESSORY USES. In addition to the accessory uses permitted by Section 605, the following accessory uses are permitted: 2 (i) Structures and facilities for water supply, sewage disposal, and other utilities as may be necessary for operation of the Mobile Home Park Planned Development. (ii) Customary home occupations. (c) SITE LAYOUT. The construction and location of the mobile homes and all other structures and facilities shall be as shown on the final site plan approved by the Planning Board, which final site plan shall be substantially in accord with the above referenced site general site plan. There will be no change in location of mobile homes, stands, structures, or other facilities, anywhere in the Mobile Home Park Planned Development, without approval of a modified final site plan by the Planning Board. When the Planning Board is of the reasonable opinion that the modified site plan is a significant deviation from the general site plan referenced above, no modified site plan shall be approved by the Planning Board until the site plan has been submitted to, and approved by, the Town Board after public hearing. (d) INSTALLATION AND STANDS. Mobile homes and their installations shall comply with pertinent requirements of the New York State Uniform Fire Prevention and Building Code and its generally accepted standards for mobile homes. Any mobile homes installed in the Planned Development Zone 2 after the effective date of this local law shall, in addition, comply with any other requirements contained in this zoning ordinance or other Town legislation related to installation and stands, except that no anchoring shall be required of mobile homes installed on the stands in the existing Hillview Mobile Home Park located along Tammy Drive. (e) BUFFER YARDS. The normally required 30 foot buffer strip contained in subdivision 10 of Section 605 shall be increased to a required buffer strip at least 75 feet wide between the Mobile Home Park Planned Development and adjacent properties outside of Planned Development Zone 2. No structures and no parking spaces are permitted in the buffer yards, except for utility structures which are customary to mobile home park operation. Landscaping as shown on the General Site Plan shall be installed within one year of the date of final site plan approval. If not so installed, no further building permits shall be issued for any construction anywhere in Planned Development Zone 2, or for the siting of any mobile homes in Planned Development Zone 2 until the required landscaping is installed. (f) ACCESS DRIVES AND WALKWAYS. Access drives in the proposed area for expansion in the Mobile Home Park Planned Development shall be paved with blacktop, concrete, or other solid material, as shown on the approved final site plan. The drives and walkways in the already existing mobile home park area of the Mobile Home Park Planned Development may be constructed of a different surface material, such as crusher run stone, provided that the surface provides adequate support and access for emergency vehicles such as ambulances and fire trucks. (g) STORAGE. No outside storage of equipment or other household materials is permitted, nor is any such storage underneath the mobile homes permitted. The mobile home owner may erect a secure storage structure on a lot subject to the minimum setback requirements shown on the "Typical Lot Layout" provided with the above-referenced general site plan, subject to any pertinent building code requirements. (h) SCREENING OF WASTE AND REFUSE. If collection areas for waste and refuse are provided for the convenience of several home owners, such areas shall be secure from animals and the elements and of suitable size, and shall be screened from public view by landscaping or fencing in accordance with Section 605 of this zoning ordinance. 3 • (1) SIGNS. A sign identifying the mobile home park area is permitted at each park entrance. No such sign shall exceed 50 square feet in size. (j) BUILDING PERMITS. A building permit shall be required for each mobile home and, except as exempted by Section 1101 of the Zoning Ordinance, for all accessory buildings and other structures. (k) SITE PLAN APPROVALS. No building permit shall be issued for a structure within the Mobile Home Park Planned Development unless the proposed structure is in accordance with a site plan approved pursuant to the provisions of this Ordinance and approved by the Tompkins County Health Department. No subdivision of the Mobile Home Park Planned Development is permitted without approval of the Town Board, following Planning Board review. No alteration, amendment, or change in the Final Site Plan as approved by the Planning Board is permitted without further approval by the Planning Board (except as provided in the Zoning Ordinance relative to modifications to site plans). (1) PROHIBITION OF CONSTRUCTION. Notwithstanding the foregoing, there shall be no new construction in the proposed Mobile Home Park Planned Development except for the construction of park access drives and utilities until the applicant has complied with all applicable requirements of the Tompkins County Health Department and demonstrated to the satisfaction of the Planning Board that the water supply and sewage disposal systems needed for the existing . and the expanded mobile home park have no adverse impact on the quantity or quality of water supplies of existing residences adjoining the site, and until the applicant has been granted Final Site Plan Approval by the Planning Board. Section 2. I.n the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. 4 SCHEDULE A • • Description_of lands being rezoned from Low Density Residential to Planned Development Zone 2: Commencing at a point in the centerline of South Danby Road, which point of beginning is approximately 1180 feet south along South Danby Road from its intersection with the centerline of Route 96B and which point of beginning is in the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1- 4.5) and formerly owned by Floyd and Marian Hoover and known generally as 50 South Danby Road; running thence south along the centerline of South Danby Road approximately 110 feet to the southeast corner of Lot 3 as shown on the General Site Plan referred to in this local law; running thence west along the south line of said Lot 3 a distance of approximately 215 feet to the intersection of said Lot line with the centerline of a drainage stream; running then northeasterly along said drainage stream and along a culvert to the point or place of beginning. SCHEDULE B • Description of lands being rezoned from Planned Development Zone 2 to Low Density Residential: Parcel 1: Commencing at a point in the southwest corner of premises reputedly owned by Hardesty (tax parcel 20-1-4.5) and formerly owned by Floyd and Marian Hoover and known generally as 50 South Danby Road, which point of beginning is approximately 625 feet west of a point in the centerline of South Danby Road which point is located approximately 1690 feet south along the centerline of South Danby Road from its intersection with the centerline of Route 96B; running thence from said point of beginning north 30 degrees 25' east along a westerly line of said Hardesty premises 135.5 feet; running thence north 64 degrees 57' east approximately 430 feet to the south line of Lot 3 as shown on the General Site Plan referred to in this local law; running thence westerly along the south line of Lot 3 approximately 380 feet to the southwest corner of Lot 3; running thence southerly along the extended west line of Lot 3 approximately 400 feet to the point or place of beginning. Parcel 2: Commencing at the same point of beginning as Parcel 1 above, running thence easterly along the south line of said Hardesty property 625 feet to centerline South Danby Road; running thence south along said centerline 40 feet; running thence westerly parallel to the first course above approximately 625 feet; running thence northerly 40 feet to the point of beginning. The above descriptions are based, in part, upon a survey map entitled "Survey Map of a Dwelling at 50 South Danby Rd." prepared by Howard R. Schlieder dated October 17, 1986. 5 SCHEDULE C Description of Mobile Home Park Planned Development: Commencing at a point in the centerline of South Danby Road, which point of beginning is approximately 790 feet south along South Danby Road from its intersection with the centerline of Route 96B and which point of beginning is in the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5); running thence south along the centerline of South Danby Road approximately 220 feet; running thence westerly, and substantially parallel to Tammy Drive a distance of approximately 585 feet to a point; running thence south along the west line of Lot 3 and premises of Hardesty as shown on the General Plan referred to above approximately 720 feet; running thence west along the north line of Lot 2 approximately 470 feet to a point; running thence south along a west line of Lot 2 approximately 130 feet to a point; running thence west along a line of Lot 2 a distance of approximately 50 feet to a point; running thence north, in part along premises reputedly of Van De Bogart (tax parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately 1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1-4.1); running thence east along Sherwood approximately 200 feet to Sherwood's southeast corner; running thence north along Sherwood's east line approximately 161 feet to the south line of Route 96B; running thence east along the south line of Route 96B approximately 750 feet to the west line of premises reputedly owned by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line approximately 278 feet to a point in the north line of premises reputedly owned • by Tierney; running thence west along Tierney's north line approximately 100 feet to Tierney's northwest corner; running thence south along Tierney's west line approximately 448 feet to Tierney's southwest corner; running thence east along Tierney's south line approximately 274 feet to the place of beginning. Description of Residential Planned Development: Parcel 1: Commencing at a point in the centerline of South Danby Road, which point is located approximately 1010 feet south from its intersection with the centerline of Route 96B and which point of beginning is at the end of the first course in the above description of the Mobile Home Park Planned Development; running thence south along the centerline of South Danby Road approximately 170 feet to a point which is the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1-4.5); thence running southerly along the centerline of South Danby Road approximately 110 feet to the southeasterly corner of Lot 3 as shown on the General Plan referred to above; running thence westerly along the south line of Lot 3 a distance of approximately 595 feet to the southwesterly corner of Lot 3; running thence northerly a distance of approximately 280 feet to the northwest corner of Lot 3; running thence easterly a distance of approximately 585 feet to the place of beginning. Parcel 2: Commencing at a point in the centerline of South Danby Road, which point of beginning is located approximately 1730 feet south of the intersection of said centerline with the centerline of Route 96B, which point of beginning is 80 feet north along said centerline from the northeast corner of premises reputedly owned by Dietrich (tax parcel 20-1-4.3); running thence south along said centerline approximately 80 feet to the northeast corner of Dietrich; running thence west along Dietrich's north line approximately 455 feet to the northwest corner of Dietrich; running thence south-southwesterly along Dietrich's west line approximately 600 feet to a point; running thence westerly along the south line of Lot 1 as shown on said General Plan a distance of approximately 575 feet to the west line of the premises owned by Hardesty (tax parcel 20-1-4.2); running thence northerly along the west line of Lot 2 as shown on said Plan approximately 550 feet to a point; running thence easterly approximately 50 feet; running thence northerly approximately 130 feet; running thence easterly in part along the south line of the Mobile Home Park Planned Area a distance of approximately 1095 feet to the point or place of beginning. 6 Description of Planned Development Zone 2: Commencing at a point in the centerline of South Danby Road, which point of beginning is approximately 790 feet south along South Danby Road from its intersection with the centerline of Route 96B and which point of beginning is in the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5); running thence south along the centerline of South Danby Road approximately 220 feet; continuing thence south along the centerline of South Danby Road approximately 170 feet to the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1-4.5); thence running southerly along the centerline of South Danby Road approximately 110 feet to the southeast corner of Lot 3 as shown on said General Plan; running thence westerly along the south line of Lot 3 approximately 595 feet; thence running southerly 400 feet to the southwest corner of said Hardesty parcel; running thence south along the west line or extended west line of said Hardesty parcel approximately 40 feet to a point; running thence east a distance of approximately 625 feet to the centerline of South Danby Road which point is approximately 80 feet north along said centerline from the northeast corner of premises reputedly owned by Dietrich (tax parcel 20-1-4.3); running thence south along said centerline approximately 80 feet to the northeast corner of Dietrich; running thence west along Dietrich's north line approximately 455 feet to the northwest corner of Dietrich; running thence south-southwesterly along Dietrich's west line approximately 600 feet to a point; running thence westerly along the south line of Lot 1 as shown on said General Plan a distance of approximately 575 feet; running thence northerly along the west line of Lot 2 as shown on said Plan approximately 550 feet to a point; continuing thence north, in part along premises reputedly of Van De Bogart (tax parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately 1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1- 4.1.); running thence east along Sherwood approximately 200 feet to Sherwood's southeast corner; running thence north along Sherwood's east line approximately 161 feet to the south line of Route 96B; running thence east along the south line of Route 96B approximately 750 feet to the west line of premises reputedly owned by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line approximately 278 feet to a point in the north line of premises reputedly owned by Tierney; running thence west along Tierney's north line approximately 100 feet to Tierney's northwest corner; running thence south along Tierney's west line approximately 448 feet to Tierney's southwest corner; running thence east along Tierney's south line 274 feet to the place of beginning. 7 BARNEY, GROSSMAN, ROTH & DUBOW ATTORNEYS AT LAW 315 NORTH TIOGA STREET P.O. BOX 6556 ITHACA, NEW YORK 14851-6556 JOHN C. BARNEY PETER G.GROSSMAN FACSIMILE NELSON E. ROTH (607) 273-6841 (607) 272-8806 DAVID A. DUBOW (NOT FOR SERVICE OF PAPERS) RANDALL B. MARCUS HUGH C. KENT MARY K. FLECK June 10, 1994 Ms. Carol Sczepanski Town Clerk, Town of Danby 1830 Danby Road Ithaca, New York 14850 Dear Carol: Per your note of June 4, 1994, returned to you with this letter are four copies of the Hardesty local law. We have retained one copy for our files. We have executed all five copies certifying to the completeness of the proceedings. With best regards. Very truly yours, JCB:bc it Encs. TOMPKINS COUNTY To N OF DANBY - TOMPKINS COUNTY 1830 DANBY ROAD DANBY TOWN HALL ITHACA, NEW YORK 14850 PHONE: 277-4788 TO: State Records and Law Bureau Department of State FROM : Carol W. Sczepanski, Town Clerk DATE: June 10, 1994 RE: Local Law No. 1 of 1994 Enclosed are three (3) copies of Local Law #1 of 1994 to be filed for the Town of Danby. The Local Law is entitled : A local law TO AMEND THE ZONING ORDINANCE TO ESTABLISH A MOBILE HOME PARK PLANNED DEVELOPMENT AND A RESIDENTIAL PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2 AND TO MODIFY THE BOUNDARIES OF SUCH ZONE. • • (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein which is not applicable.) . 1. (Final adoption by local legislative body only.) . I hereby certify that the local law annexed hereto, designated as local law No. 1 of 19 94 COG Kt* of the Town of DANBY was duly passed by the TOWN BOARD Vi W Yg (Name of Legislative Body) on ...JUNE 1 19 .94 in accordance with the applicable provisions of law. 2. (Passage by local legislative y with approval or no disappr by Elective Chief Executive fficer,* or repassage after disappr .) I hereby c y that the local law annexed her ; designated as local law No. . . . . . . . of 19 Count of the Cit wn of was du assed by the Village (Name egislative Bode) of disapproved . on 19 .... and was approved by t repassed after disapproval Electiv e Chief Exec veOfficer• and was deemed duly opted on 19 , in accordance"w' the applicable provisions of la ■•. 3. (Final adoption by referendum. I hereby certify th he local law annexed hereto, desig ed as local law No. . . . . . of 19 County City of the of • was duly passed by e • Town (Name of L islative Body) Village . not disappr• •d on • , . 19 • and was . • .roved by the • repasse• .f ter disapproval Elective Chief Executive Officer' on 19 ..• Such local law was submitt d to the people by reason of a mand ory referendum, and receiv-• the affirmative vote of a majo ty of the qualified electors voting per ssive general • t reon at the special electio eld on - 19 , in accordance with the applicable annual rovisions of law. 4. (Subject to permissive referendum, final adoption because no valid petition filed requesting referendum.) I hereby certify that th cal law annexed hereto, designated as 1. .1 law No. of 19 .. .... County of the City of was duly passed by the Town (Name of Legislative Body) Village not disapproved on • 19 and was approve, by the • repassed after • pproval Elective Chi xecutive Officer• on 19 .Such local law was subject to a per issive referendum and no valid tition requesting such referendu 1 as filed as of 19 , in ace dance with the applicable provisio' of law. • • 'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or.if there be none.the chairman of the county legislatile body,the mayor of a cif or village or the supervisor of a toi n %here such • officer is vested with pother to approve or veto local laNs or ordinances. (2) 5. (Cite local law concerning Charter relision proposed b) petition.) I hereby rtify that the local law a exed hereto, designated as to I law No. of 19 of the City o ha%ing been s mitred to referendum pur ant to the provision of/37 36 of the h1unicip Home Rule Law, and ha • g received the affirmat' a vote of a majori of the qualified electo of such city %oting thereon a he special election hel n general 19 becam perative. • 6. (Count local la% cone ruing adoption of Charter.) hereby cer y that the local law ann d hereto, designated as al law No. . . . . . of 19... of the County of tate of New York, ha%i been submitted to a Elector t the General Electio f November . . . . . . . , 19 , pursuant subdivisions S and of section of the Municipal Ho a Rule Law, and ha% g received the affirmativ ore of a majority the qualifi electors of the cities o said county as a uni and of a majority of the ualified elector o e towns of aid county considered a unit voting at sai eneral election, became erative. (If any oth authorized form final adoption has been ollowed, please provide an appropriate certifica- tion.) I rther certify that I have compared the preceding local law with the original on file in this office and th the same is a correct transcript therefrom and f the whole of such original local law, and was finally dopted in the manner indicated in paragraph ....1 above. Clerk of the C. .rrts Ieprslarise b s, ,1). To nor Village Clerk or ollrcer designated Io al Iepistame both • Date: JUNE 3, 1994 (Seal) (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OFOmPttrvS • 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of he cal law annexed hereto. Signature Title 'CUUtil) Date:` a„ /' ) q q9 of alAy Town Wtagr< (3) • • (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter.• 404 ant tzsk of DANt3.Y Town Local Law No. 1 of the year 19 94 A local law . . . . .1 .AMEN.R. THE .ZO.NING. QROINAN.CE. .TO .ESTABLIS.H.A MOBJLE HOME PARK PLANNED DEVELOPMENT AND A RESIDENTIAL • PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2 AND TO MODIFY THE BOUNDARIES OF SUCH ZONE . Be it enacted by the . . . TQWN, O., DAN f3Y, TQwN, ,I3OARQ of the (Name of Legislati%e Body) County CiNitx of TQMP..K I N.S as follows: TRIG • �aila$ex Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re- adopted by the Town Board on December 11, 1991, and subsequently amended, is further amended as follows: • • 1. The area described on Schedule A attached is hereby rezoned from Low Density Residential to Town of Danby Planned Development Zone 2. 2. The area described on Schedule B attached is hereby rezoned from Town of Danby Planned Development Zone 2 to Low Density Residential. 3. Henceforth, Town of Danby Planned Development Zone 2 shall be comprised of a Mobile Home Park . Planned Development and a Residential Planned Development, as shown on a map approved by the Town Board on March 30, 1994 entitled "General Site Plan: Planned Development Zone 2, Hillview Terrace Subdivision and Mobile Home Park Expansion, Owners: :;Paul . and Mary Lou Hardesty" dated August, 1993, revised through February 7, 1994. The boundaries of the Mobile Home Park Planned Development and the Residential Planned Development, and the overall boundaries of the entire Planned Development Zone 2 are set forth on Schedule C attached. 4. The Zoning Map of the Town of Danby, including the Supplement to the Zoning Map, Page 17, is hereby amended to show the boundaries of Planned Development Zone 2 as set forth in this local law, which boundaries shall supersede any previous boundaries for such Zone. 5. The Residential Planned Development shall be subject to the following provisions, notwithstanding any other pertinent zoning or subdivision requirements: ' (a) LIMITATION ON NUMBER OF LOTS. There shall be no more than three residential lots in the Residential Planned Development and the only uses on such lots shall be as set forth below. (b) PERMITTED PRINCIPAL USES. Permitted principal uses shall be limited to the following: (i) one single-family dwelling unit per lot to be occupied by no more than one family. (ii) a two-family dwelling provided that (A)_ each dwelling unit is occupied by no more than one family; and ' . (ll additional space is needed, please attach sheets of the same size as this and number each) (I) (B) one of the two units in the building are occupied by the owner of the building. For purpose of this ordinance the "owner" is one or more natural persons at least 18 years of age who is or are the record owner of at least a 50% interest in the property. Title held in tenants by the entirety or joint tenants shall be deemed (unless otherwise specifically designated in the deed or other record) for this purpose to be held in proportion to the number of joint tenants on the deed (e.g., if there are three persons on the deed as joint tenants, each is deemed to hold a one-third interest. In that circumstance at least two of the deed record owners would have to occupy the premises to qualify the building as being occupied by the owner of the building.) (c) PERMITTED ACCESSORY USES. Accessory uses shall be limited to those accessory uses permitted in a Low Density Residential Zone without a special permit by other terms of this ordinance. (d) USES PERMITTED BY SPECIAL PERMIT ONLY. The only other permitted uses shall be by special permit and shall be limited to (i) Nursery Schools, group family day care homes, and day care centers. (ii) Customary home occupations and professional residential offices where no external visible evidence of same exists on the site. (iii) Doublewide mobile homes if the same are permanently mounted on foundations. (e) BUFFER YARD REQUIREMENTS. A buffer yard 75 feet deep shall be established and maintained between the proposed Residential Planned Development and adjacent properties outside of Planned Development Zone 2. (f) LOT AREA. The lot area required for the residential lots shall be as • shown on the final site plan which shall substantially conform to the general site plan referred to above. (g) OTHER REQUIREMENTS. Yards, signs, height and building area shall be in conformity with the requirements for same in a Low Density Residential Zone, except that frontage requirements for each lot shall be as shown on the above-referenced site plan. 6. The Mobile Home Park Planned Development shall be subject to the provisions of "Section 605 - Mobile Home Park Zone, Town of Danby Zoning Ordinance", as if it were a mobile home park governed by said section. In addition to the provisions set forth in Section 605, the Mobile Home Park Planned Development shall be subject to the supplemental provisions set forth below. Where there is a conflict on a specific matter between the provisions of Section 605 and the provisions of this local law, the provisions of this local law shall govern. The supplemental provisions are as follows: (a) MAXIMUM NUMBER OF MOBILE HOMES. (i) There shall be no more than 26 mobile homes located within the presently-existing Hillview Terrace Mobile Home Park. (ii) There shall be no more than 31 additional mobile homes located elsewhere in the Mobile Home Park Planned Development, such additional homes to be located substantially as shown on the above-referenced site plan. (b) ACCESSORY USES. In addition to the accessory uses permitted by Section 605, the following accessory uses are permitted: 2 (i) Structures and facilities for water supply, sewage disposal, and other utilities as may be necessary for operation of the Mobile Home Park Planned Development. (ii) Customary home occupations. (c) SITE LAYOUT. The construction and location of the mobile homes and all other structures and facilities shall be as shown on the final site plan approved by the Planning Board, which final site plan shall be substantially in accord with the above referenced site general site plan. There will be no change in location of mobile homes, stands, structures, or other facilities, anywhere in the Mobile Home Park Planned Development, without approval of a modified final site plan by the Planning Board. When the Planning Board is of the reasonable opinion that the modified site plan is a significant deviation from the general site plan referenced above, no modified site plan shall be approved by the Planning Board until the site plan has been submitted to, and approved by, the Town Board after public hearing. (d) INSTALLATION AND STANDS. Mobile homes and their installations shall comply with pertinent requirements of the New York State Uniform Fire Prevention and Building Code and its generally accepted standards for mobile homes. Any mobile homes installed in the Planned Development Zone 2 after the effective date of this local law shall, in addition, comply with any other requirements contained in this zoning ordinance or other Town legislation related to installation and stands, except that no anchoring shall be required of mobile homes installed on the stands in the existing Hillview Mobile Home Park located along Tammy Drive. (e) BUFFER YARDS. The normally required 30 foot buffer strip contained in subdivision 10 of Section 605 shall be increased to a required buffer strip at least 75 feet wide between the Mobile Home Park Planned Development and adjacent properties outside of Planned Development Zone 2. No structures and no parking spaces are permitted in the buffer yards, except for utility structures which are customary to mobile home park operation. Landscaping as shown on the General Site Plan shall be installed within one year of the date of final site plan approval. If not so installed, no further building permits shall be issued for any construction anywhere in Planned Development Zone 2, or for the siting of any mobile homes in Planned Development Zone 2 until the required landscaping is installed. (f) ACCESS DRIVES AND WALKWAYS. Access drives in the proposed area for expansion in the Mobile Home Park Planned Development shall be paved with blacktop, concrete, or other solid material, as shown on the approved final site plan. The drives and walkways in the already existing mobile home park area of the Mobile Home Park Planned Development may be constructed of a different surface material, such as crusher run stone, provided that the surface provides adequate support and access for emergency vehicles such as ambulances and fire trucks. (g) STORAGE. No outside storage of equipment or other household materials is permitted, nor is any such storage underneath the mobile homes permitted. The mobile home owner may erect a secure storage structure on a lot subject to the minimum setback requirements shown on the "Typical Lot Layout" provided with the above-referenced general site plan, subject to any pertinent building code requirements. (h) SCREENING OF WASTE AND REFUSE. If collection areas for waste and refuse are provided for the convenience of several home owners, such areas shall be secure from animals and the elements and of suitable size, and shall be screened from public view by landscaping or fencing in accordance with Section 605 of this zoning ordinance. 3 (i) SIGNS. A sign identifying the mobile home park area is permitted at each park entrance. No such sign shall exceed 50 square feet in size. (j) BUILDING PERMITS. A building permit shall be required for each mobile home and, except as exempted by Section 1101 of the Zoning Ordinance, for all accessory buildings and other structures. (k) SITE PLAN APPROVALS. No building permit shall be issued for a structure within the Mobile Home Park Planned Development unless the proposed structure is in accordance with a site plan approved pursuant to the provisions of this Ordinance and approved by the Tompkins County Health Department. No subdivision of the Mobile Home Park Planned Development is permitted without approval of the Town Board, following Planning Board review. No alteration, amendment, or change in the Final Site Plan as approved by the Planning Board is permitted without further approval by the Planning Board (except as provided in the Zoning Ordinance relative to modifications to site plans). (1) PROHIBITION OF CONSTRUCTION. Notwithstanding the foregoing, there shall be no new construction in the proposed Mobile Home Park Planned Development except for the construction of park access drives and utilities until the applicant has complied with all applicable requirements of the Tompkins County Health Department and demonstrated to the satisfaction of the Planning Board that the water supply and sewage disposal systems needed for the existing . and the expanded mobile home park have no adverse impact on the quantity or quality of water supplies of existing residences adjoining the site, and until the applicant has been granted Final Site Plan Approval by the Planning Board. Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This law shall take effect 20 days after its adoption or the date it is filed in the Office of the Secretary of State of the State of New York, whichever is later. 4 SCHEDULE A Description of lands being rezoned from Low Density Residential to Planned Development Zone 2: Commencing at a point in the centerline of South Danby Road, which point of beginning is approximately 1180 feet south along South Danby Road from its intersection with the centerline of Route 96B and which point of beginning is in the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1- 4.5) and formerly owned by Floyd and Marian Hoover and known generally as 50 South Danby Road; running thence south along the centerline of South Danby Road approximately 110 feet to the southeast corner of Lot 3 as shown on the General Site Plan referred to in this local law; running thence west along the south line of said Lot 3 a distance of approximately 215 feet to the intersection of said Lot line with the centerline of a drainage stream; running then northeasterly along said drainage stream and along a culvert to the point or place of beginning. SCHEDULE B • Description of lands being rezoned from Planned Development Zone 2 to Low Density Residential: • Parcel 1: Commencing at a point in the southwest corner of premises reputedly owned by Hardesty (tax parcel 20-1-4.5) and formerly owned by Floyd and Marian Hoover and known generally as 50 South Danby Road, which point of beginning is approximately 625 feet west of a point in the centerline of South Danby Road which point is located approximately 1690 feet south along the centerline of South Danby Road from its intersection with the centerline of Route 96B; running thence from said point of beginning north 30 degrees 25' east along a westerly line of said Hardesty premises 135.5 feet; running thence north 64 degrees 57' east approximately 430 feet to the south line of Lot 3 as shown on the General Site Plan referred to in this local law; running thence westerly along the south line of Lot 3 approximately 380 feet to the southwest corner of Lot 3; running thence southerly along the extended west line of Lot 3 approximately 400 feet to the point or place of beginning. Parcel 2: Commencing at the same point of beginning as Parcel 1 above, running thence easterly along the south line of said Hardesty property 625 feet to centerline South Danby Road; running thence south along said centerline 40 feet; running thence westerly parallel to the first course above approximately 625 feet; running thence northerly 40 feet to the point of beginning. The above descriptions are based, in part, upon a survey map entitled "Survey Map of a Dwelling at 50 South Danby Rd." prepared by Howard R. Schlieder dated October 17, 1986. 5 SCHEDULE C Description of Mobile Home Park Planned Development: Commencing at a point in the centerline of South Danby Road, which point of beginning is approximately 790 feet south along South Danby Road from its intersection with the centerline of Route 96B and which point of beginning is in the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5); running thence south along the centerline of South Danby Road approximately 220 feet; running thence westerly, and substantially parallel to Tammy Drive a distance of approximately 585 feet to a point; running thence south along the west line of Lot 3 and premises of Hardesty as shown on the General Plan referred to above approximately 720 feet; running thence west along the north line of Lot 2 approximately 470 feet to a point; running thence south along a west line of Lot 2 approximately 130 feet to a point; running thence west along a line of Lot 2 a distance of approximately 50 feet to a point; running thence north, in part along premises reputedly of Van De Bogart (tax parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately 1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1-4.1); running thence east along Sherwood approximately 200 feet to Sherwood's southeast corner; running thence north along Sherwood's east line approximately 161 feet to the south line of Route 96B; running thence east along the south line of Route 96B approximately 750 feet to the west line of premises reputedly owned by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line approximately 278 feet to a point in the north line of premises reputedly owned • by Tierney; running thence west along Tierney's north line approximately 100 feet to Tierney's northwest corner; running thence south along Tierney's west line approximately 448 feet to Tierney's southwest corner; running thence east along Tierney's south line approximately 274 feet to the place of beginning. Description of Residential Planned Development: Parcel 1: Commencing at a point in the centerline of South Danby Road, which point is located approximately 1010 feet south from its intersection with the centerline of Route 96B and which point of beginning is at the end of the first course in the above description of the Mobile Home Park Planned Development; running thence south along the centerline of South Danby Road approximately 170 feet to a point which is the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1-4.5); thence running southerly along the centerline of South Danby Road approximately 110 feet to the southeasterly corner of Lot 3 as shown on the General Plan referred to above; running thence westerly along the south line of Lot 3 a distance of approximately 595 feet to the southwesterly corner of Lot 3; running thence northerly a distance of approximately 280 feet to the northwest corner of Lot 3; running thence easterly a distance of approximately 585 feet to the place of beginning. Parcel 2: Commencing at a point in the centerline of South Danby Road, which point of beginning is located approximately 1730 feet south of the intersection of said centerline with the centerline of Route 96B, which point of beginning is 80 feet north along said centerline from the northeast corner of premises reputedly owned by Dietrich (tax parcel 20-1-4.3); running thence south along said centerline approximately 80 feet to the northeast corner of Dietrich; running thence west along Dietrich's north line approximately 455 feet to the northwest corner of Dietrich; running thence south-southwesterly along Dietrich's west line approximately 600 feet to a point; running thence westerly along the south line of Lot 1 as shown on said General Plan a distance of approximately 575 feet to the west line of the premises owned by Hardesty (tax parcel 20-1-4.2); running thence northerly along the west line of Lot 2 as shown on said Plan approximately 550 feet to a point; running thence easterly approximately 50 feet; running thence northerly approximately 130 feet; running thence easterly in part along the south line of the Mobile Home Park Planned Area a distance of approximately 1095 feet to the point or place of beginning. 6 • Description of Planned Development Zone 2: Commencing at a point in the centerline of South Danby Road, which point of beginning is approximately 790 feet south along South Danby Road from its intersection with the centerline of Route 96B and which point of beginning is in the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5); running thence south along the centerline of South Danby Road approximately 220 feet; continuing thence south along the centerline of South Danby Road approximately 170 feet to the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1-4.5); thence running southerly along the centerline of South Danby Road approximately 110 feet to the southeast corner of Lot 3 as shown on said General Plan; running thence westerly along the south line of Lot 3 approximately 595 feet; thence running southerly 400 feet to the southwest corner of said Hardesty parcel; running thence south along the west line or extended west line of said Hardesty parcel approximately 40 feet to a point; running thence east a distance of approximately 625 feet to the centerline of South Danby Road which point is approximately 80 feet north along said centerline from the northeast corner of premises reputedly owned by Dietrich (tax parcel 20-1-4.3); running thence south along said centerline approximately 80 feet to the northeast corner of Dietrich; running thence west along Dietrich's north line approximately 455 feet to the northwest corner of Dietrich; running thence south-southwesterly along Dietrich's west line approximately 600 feet to a point; running thence westerly along the south line of Lot 1 as shown on said General Plan a distance of approximately 575 feet; running thence northerly along the west line of Lot 2 as shown on said Plan approximately 550 feet to a point; continuing thence north, in part along premises reputedly of Van De Bogart (tax parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately 1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1- 4.1); running thence east along Sherwood approximately 200 feet to Sherwood's southeast corner; running thence north along Sherwood's east line approximately 161 feet to the south line of Route 96B; running thence east along the south line of Route 96B approximately 750 feet to the west line of premises reputedly owned by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line approximately 278 feet to a point in the north line of premises reputedly owned by Tierney; running thence west along Tierney's north line approximately 100 feet to Tierney's northwest corner; running thence south along Tierney's west line approximately 448 feet to Tierney's southwest corner; running thence east along Tierney's south line 274 feet to the place of beginning. 7 • (Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter therein Which is not applicable.) 1. (Final adoption by local legislative body only.) • I hereby certify that the local law annexed hereto, designated as local law No. 1 of 19 94 of the of DAN BY was duly passed by the TOWN BOARD Town %Mg (Name of Legislative Body) on ....1 WyE 1 19 .94 in accordance with the applicable provisions of law. 2. (Passage by local legislative y with approval or no disappr by Elective Chief Executive fficer,* or repassage after disappr .) • . I hereby c y that the local law annexed her •, designated as local law No. . . . . . . . of 19 Count Cit , of the µn of was du assed by the Village (Name egislative Body) of disapproved on 19 .... .. and was approved by t repassed after disapproval Elective Chief Exec veOfficer• and was deemed duly opted on • 19 , in accordance".w• the applicable provisions of law. 3. (Final adoption by referendum. - I hereby certify th he local law annexed hereto, desig • ed as local law No. . . . . . of 19 County City - of the Town of • was duly passed by e (Name of L islative Body) Village not disappr. -d • on 19 and was ..• e roved by the • repasse' .fter disapproval Elective Chief Executive Officer* on 19 ..• Such local law was submitt d to the people by reason of a mand ory referendum, and receiv-. the affirmative vote of a majo ty of the qualified electors voting per ssive general • t reon at the special electio eld on 19 , in accordance with the applicable annual - rovisions of law. i 4. (Subject to permissive referendum, final adoption because no valid petition filed requesting referendum.) I hereby certify that th cal law annexed hereto, designated as 1. .1 law No. of 19 .. .... County City of the Town of was duly passed by the (Name of Legislative Body) Village not disapproved on 19 and was ap rove I by the repassed after •'.•pproval Elective Chi xecutive Officer• on 19 .Such local law was subject to a per issive referendum and no valid tition requesting such referendu i as filed as of 19 , in acc dance with the applicable provisio• of law. • *Elective Chief Executive Officer means or includes the chief executhe officer of a county elected on a countywide basis or,if there be none,the chairman of the county legislative both,the mayor of a city or village or the supervisor of a town where such officer is tested with power to approte or veto local lav►s or ordinances. (2) • S. (City local law conce g Charter revision pro d by petition.) 1 hereby rtify that the local law nexed hereto, designated ocal law No. of 1 of the Cit f having n submitted to referendum p suant to the provis• ns of§36 of the Mu • ipal Home Rule Law, d having received the affir five vote of a m only of the qualified a tors of such city voting reon at the gene al election eld on 19 b ame operative. 6. (County local law,co •erning adoption of C ter.) I hereb ertify that the loca w annexed hereto, desi ted as local law of of the Cou of • + . . . , State of New rk, having been s fitted to the El ors at the . General • ection of Novemb , 19.... , pursuant to subdiv' • ns 5 and 7 of s ion 33 of t Muni 'sal Home Rule La , and having received affirmative vote o majority of the alified ele rs of t - cities of said co y as a unit and of a jority of the qualif' electors of the t ns of said unty c• sidered as a unit ting at said general ction, became opera ' e. f any other aut rized form of final a ption has been folio d, please provide n appropriat ertifica- tion.) 1 further certify that 1 have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph above. Clerk of the County legislative b , ity, Town or Village Clerk or - officer designated by local legislative body . - Date: JUNE 3, 1994 • • • --� 'A - (SeaI); • (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK • COUNTY OF • • 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title County Date: City of Town Village • • (3) • • •