HomeMy WebLinkAboutWhite Hawk memo for May 2019 PBTo: Danby Planning Board
From: John Czamanske, AICP, Town Plannert�
Date: May 10, 2019
Re: White Hawk Ecovillage Site Plan Review
The purpose of this memo is to provide a brief summary of what has transpired in regard to the recent rezoning
for White Hawk Ecovillage (LL#1 of 2019; PDZ 19) and outline the steps needed for the site plan approval
process.
1. There is a large collection of plans, reports, emails and other documents in the Town's records related to the
review, approval, and modification the White Hawk Ecovillage site plan, as well as site development. Being
new to the Town, I have surveyed these records in order to get a sense of this history, as well as to attempt
to identify key records; I have not created a complete chronology or chronologic recitation of all that has
transpired. A very broad summary would be that: White Hawk was originally proposed circa 2005 or 2006. A
rezoning process led to the creation of PD 19 by the Town Board (Local Law #3 of 2007). Site Plan review and
approval occurred circa 2008, followed by site development of the road, stormwater facilities, water &
wastewater (phase 1) facilities, and eventually construction of houses.
I participated in my first site visit with the Code Enforcement Officer John Norman in mid-April and have
over the last few months heard from various people about the history of development, including certain
issues which have arisen from time to time. One issue was the realization that the original stream crossing
by the roadway was not sufficient to handle large flooding events, which led to design and construction of a
new bridge structure. It is my understanding that another of those issues (a manhole discovered in 2016 to
be in a location where a house was going to be built) was what eventually led to the recently concluded
process to revise the PDZ19 zoning language.
3. The rationale, considerations, and discussions which led to a rezoning application being filed with the Town
in September 2018 are only partially revealed from looking at the email correspondence and board minutes.
I do not profess to fully understand. In any event, a rezoning process was started formally in September
2018 and concluded in February 2019 with the Town Board's adoption of Local Law #1 of 2019 (copy
attached). During that process, as required by the Zoning Ordinance, a general site plan (reduced -size black
& white copy attached) was presented to the Town and reviewed by the Planning Board. Given that the
development had long since been approved for development, with major elements already constructed and
in operation (road, stormwater facilities, utilities, water, phase 1 wastewater), the general site plan did not
show anything in great detail. It was indeed general -- a pleasant -appearing, colorized version of the site
plan, with no scale, date or preparer information.
4. It is my understanding that upon receipt of the GML-239 referral of the rezoning application together with
the general site plan, the Tompkins County Department of Planning & Sustainability requested a plan with
greater detail which, for reasons unknown to me, was called or became known as a "utility plan" (reduced -
size black & white copy attached, larger color plan will be at the meeting); Tompkins County could not
complete its review of the plan until a "utility plan" was presented. It may be that the county conflated the
rezoning general site plan with a more detailed site plan envisioned by the Town's zoning ordinance which
guides future construction and enforcement. In any event, and notwithstanding the interruption of plan
review, the Town's rezoning process somehow continued. That was enabled because the Town sought and
received a GML-239 reply just on the rezoning language which then allowed the Town Board to adopt the
local law.
The matter of plan review, having been interrupted during the rezoning process (but which rezoning process
nonetheless was concluded without plan review by the County, most likely because it was understood that a
more detailed site plan review process (and County referral) would occur following zoning adoption), has
only become a bit more muddled over the intervening months and the transition of Town Planners. While
the Town and County might have completed review of the general site plan more formally prior to adoption
of the local law, that did not happen. The rezoning is done; the time for reviewing a general site plan has
passed. While the former Town Planner provided a list of items to the applicant's engineer for preparation
of the utility plan, and while the applicant has presented the town with a utility plan approaching (but not
fully achieving) what was outlined, it now is not just those outlined elements which the Planning Board must
review. What governs now is the language currently in effect for PDZ 19 and the overall language of the
Zoning Ordinance, which requires Site Plan Approval pursuant to the provisions of the Zoning Ordinance.
That is not to say that what is shown on the utility plan is not needed or is wasted. No. It is that the title of
the plan needs to be changed to be "site plan" and it needs to encompass (in some manner to be
determined by the Planning Board in consultation with the applicant) all those elements which the Planning
Board is required to review by the Zoning Ordinance. It must also explicitly address the few specific
stipulations in the PDZ 19 language (i.e., road and stormwater infrastructure).
6. Section 1, 1 of the PDZ 19 language says very unambiguously: "No building permit shall be issued for a
building or structure within Planned Development Zone 19 unless the proposed building is in accordance with
a site plan approved pursuant to the provisions of the Town of Danby Zoning Ordinance." While a site plan
was previously approved by the Town circa 2008 (and I believe amended one or more times since), it is clear
that certain changes to "lot" layout among other things requires the Planning Board to review and approve a
modified site plan for the development according to Section J, 2 of the PDZ 19 language: "Any change in the
Site Plan as finally approved by the Planning Board shall not be made until an application for a revised Site
Plan is provided to and approved by the Planning Board, unless the modifications are exempted from this
requirement pursuant to the provisions for Modifications to Site Plans as provided in the Zoning Ordinance of
the Town of Danby, with the exception that within Planned Development Zone 19, if the modification
involves: a. a movement or shift of a location of one or more buildings not more than 2 feet in any direction
from the location shown on the final site plan, and b. such shift does not alter proposed traffic flows or
access, and c. such shift does not directly violate any express conditions (including, without limitation, buffer
zones, setbacks, etc.) imposed by the Planning Board in granting prior Site Plan approval." I do not believe
the changes which have been made to the plans exempt the development from needing Planning Board
approval of a modified site plan at this time.
7. The previously approved site plan for White Hawk Ecovillage consisted of a number of map/plan sheets, plus
other documents (some of which may not technically be part of the "site plan" but which are necessarily
governed by it). I have not yet fully identified all these elements, which of those elements have been
modified over time, either through modifications to the plan approval by the Planning Board or as a result of
allowed field changes during construction for which there may be design plans and/or as -built plans, and
which documents represent the most current versions. A beginning listing of site plan materials would
include:
• Overall Site Plan (1 sheet; originally prepared by Timothy Buhle, PE; since revised, with modifications
approved by the Town)
• Erosion & Sediment Control Plan (2 sheets)
• Stormwater Pollution Prevention Plan (SWPPP; 2 volumes dated 2007)
• Survey (1 or more sheets; original and revisions by multiple surveyors)
• Access road design & construction drawing(s)
• Bridge design & construction drawing(s)
• Water system design plans & drawings
• Wastewater system design plans & drawings
• Various plan and construction details drawings
• Town review and approval documents (e.g. Planning Board approvals, Environmental Assessments).
• Potentially other documents (e.g. agreement or MOU regarding stormwater maintenance; offering
plan)
8. The task for the Planning Board, White Hawk Ecovillage, Town Planner and other town officials is to work
toward identifying through our various records that set of plans and documents which together constitute
the currently operative site plan approval for the development. Working from that base it will then be
necessary to determine what elements need to be updated, and what form that update is to have in order
that the Planning Board may undertake site plan review according to the considerations required in the
Zoning Ordinance. The elements shown on the utility plan are a good starting point for what needs to be
shown on an updated site plan, though some additional sheets need to be generated at a larger scale to
facilitate review (possibly at the 1"=20' scale stipulated for the utility plan, but more likely at a somewhat
smaller scale to limit the number of sheets needed but which will also facilitate review; my guess is that
something like a 1"=40' scale would allow all of the residential end of the road to be shown on one sheet
and all of the Danby Road end of the private road and bridge to be shown on another sheet). The Board will
need to consider each of the elements of the site plan and accompanying documents to determine what, if
anything, needs to be updated.
9. 1 will use stormwater as an example, because it is a critical component and because it was emphasized in the
newly -enacted PDZ 19 language (as well as generally in the Zoning Ordinance). The Planning Board is
required by these laws to examine compliance during site plan review and to incorporate compliance
elements into its site plan approval. Overall this includes 1) ascertaining whether the stormwater facilities
constructed at the ecovillage were constructed in accordance with the stormwater pollution protection plan
for the development, 2) assessing whether the stormwater facilities have been maintained in accordance
with that plan, 3) determining whether stormwater facility improvements and/or maintenance may
currently be needed, 4) and stipulating, through its site plan approval, any improvements to be made as well
as the stormwater facility maintenance responsibilities for the future. I would ask the Board to consider
asking White Hawk Ecovillage to engage a licensed professional engineer to review the stormwater aspects
as described above to provide assessments and recommendations. The Board should also work to create an
explicit agreement for required maintenance of stormwater facilities. I have attached an excerpt from the
2007 SWPPP regarding post -construction maintenance. This would constitute the foundation for creating an
updated list of required stormwater maintenance to be included in an agreement between the Town and
the Ecovillage. [This sort of process should also be required for the road and bridge.]
The PDZ 19 language related to stormwater is as follows:
"All stormwater management facilities that serve the overall development or the
section of the development within which a permit is being requested are
constructed pursuant to the approved stormwater management plan, except any
facility that is an integral part of a building lot (including, but not limited to,
swales or other facilities to be built within building lots) will be constructed after
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issuance of a building permit for said building and must be functional prior to
issuance of a certificate of occupancy for the building."
The Zoning Ordinance states:
Section 517 - STORMWATER REQUIREMENTS. [2-10] The requirements of Town of Danby Local Law
Number 1 of 2010, entitled "Town of Danby Stormwater Management, Erosion and Sediment Control
Law" (herein the "Stormwater Local Law") be and hereby are incorporated into this Zoning Ordinance,
and all activities in all zones listed in Article 6 hereof, and all hereafter approved Planned Development
Zones, shall comply with such Stormwater Local Law and all requirements therein, including, but not
limited to, the preparation and approval of SWPPPs, the obtaining of Stormwater Permits, and the
design, planning, installation, construction, maintenance, and improvement of temporary and
permanent Stormwater Management Practices, as each and all of such capitalized terms are defined and
used within such Stormwater Local Law. Regardless of the language of this Zoning Ordinance, no
waivers pertaining to stormwater requirements may be granted by any person, body, board, or other
entity unless such waiver is granted pursuant to the authority of Article 16 of such Stormwater Local
Law. [2-10]
10. This is the list of elements previously specified for the utility plan:
From: "C.J. Randall" <cjrandall@townofdanbyny.org>
To: "Justin Blomquist" <jb@tgmillerpc.com>
Sent: Friday, December 21, 201811:46:27 AM
Subject: RE: White Hawk Utilties Plan — please copy County Planning
Hi Justin,
As for specifics, the Utility Plan should show the following at 1" = 20':
• Location of fire hydrants, utility (such as electric and telephone) poles and lines, street signs, and well
locations;
• Location, materials, and sizes of existing and proposed gas and water lines;
• Locations, materials, and sizes of existing and proposed sanitary sewer lines; locations of manholes;
• Location of existing and proposed transformers, cooling towers, mechanical equipment, tanks, and any
other equipment to be screened;
• Location of all onsite wastewater and leaching fields;
• Locations, materials, and sizes of existing and proposed storm drain pipes; locations of existing and
proposed manholes and catch basins.
Please send that to me and to Scott Doyle (sdoyle@tompkins-co.org) and I will review when I return on
Monday the 6th. Thanks much, C.J. Randall, LEED AP ND, Planner, Town of Danby
11. 1 will continue to work on this next week prior to your meeting. I hope to be able to have a better and more
complete listing of what constitutes the site plan presently in effect, as well as a better list of those items
which the Planning Board should specify for the review (beyond that which will be generated by an engineer
engaged to assess stormwater and road/bridge infrastructure). In addition, the Board should request a copy
of the revised offering plan for the development (which I understand is presently being reviewed by New
York State).
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