HomeMy WebLinkAboutRes-090-2023-PublicHearing-Interest-Order-DrainageDistrict1
Resolution 090 of 2023
Resolution And Order of the Town of Danby
Calling Public Hearing Upon Public Interest Order for the Formation of Drainage
District #1, For the South Pointe Subdivision
And
Making Negative Declaration of Environmental Impacts Under SEQRA, Including
Part 617.7(c)
The following Resolution was duly presented for consideration by the Town Board:
Moved By: Gagnon Seconded By: Weissburg
WHEREAS, the Town has acquired title to the stormwater pond lots after years of delay and the
usage of escrowed stormwater funds from the original developer, and the town undertook to
consider different options for assuring the long-range management, improvement, and
reporting upon the permanent stormwater practices that benefit this subdivision; and
WHEREAS, a Map, Plan and Report (“MPR”) that complies with Town Law §§ 209-c and 209-d
was prepared by the Town’s Engineer and, it being in the public interest to form such district,
the Town desires to proceed towards establishment of Drainage District #1 pursuant to the
provisions of Town Law Article 12-A (the “Project”) and finds that all proceedings to date
have been in compliance therewith and that the final Map, Plan and Report, dated November
17, 2021 complies with the requirements of Town Law §§ 209-c and 209-d, particularly as to
the descriptions and expenses set forth therein for the boundaries and first year’s expenses
for the proposed district; and as it is found to be in the public interest and to the benefit of
all parcels in the proposed district to establish the Town of Danby Drainage District #1, and
as all benefited parcels are included within such district and no benefited properties have
been excluded from the district; and
WHEREAS, this action is an Unlisted Action under SEQRA and the town board, as the only
involved agency is declared lead agency for an uncoordinated review, and such review duly
considered drainage and stormwater facilities, and the creation of this drainage district and,
Mary Ann Barr 2021
T he Town of Danby, New York
1830 Danby Road, Ithaca, NY 14850
https://danby.ny.gov
Janice Adelman, Town Clerk
Cindy Katz, Deputy Town Clerk
+1-607-277-4788 | clerkoffice@danby.ny.gov
Town of Danby, NY Resolution 90 of 2023:
Public Interest Order Formation of Drainage District South Pointe Subdivision
as set forth below, the lead agency has issued a negative declaration, including because this
project protects the environment and no impacts arising from this Project are or are likely to
cause any actual or potential negative impacts that have a likelihood to become a moderate
or significant impact; and
WHEREAS, as set forth more fully in the SEAF and SEQRA review documents and findings
statement, there were no moderate or significant actual or potential environmental impacts
identified in relation to this action, and potential or probable future environmental impacts
were analyzed and duly considered by the Town Board, as Lead Agency, in relation to the
question of whether such impacts were so probable of occurring or so significant as to
require a positive declaration of environmental impacts; and
WHEREAS, and after weighing the above and all other potential impacts arising from or in
connection with the adoption of this local law, and after also considering: (i) the probability
of each potential impact occurring; (ii) the duration of each potential impact; (iii) the
irreversibility of each potential impact, including permanently lost resources of value; (iv)
whether each potential impact can or will be controlled or mitigated by permitting or other
processes; (v) the regional consequence of the potential impacts; (vi) the potential for each
impact to be or become inconsistent with the Town’s master plan and/or Comprehensive
Plan and local needs and goals; and (vii) whether any known objections to the Project relate
to any of the identified potential impacts, the Town Board found that these factors did not
cause any potential impact to be or be likely to become moderate, large, or significant; and
WHEREAS, after due deliberation upon this matter and a review and analysis of each and all
potential environmental impacts, the Town Board, as Lead Agency, has made a negative
declaration of environmental impacts from the adoption of this local law, as more fully set
forth below; and
WHEREAS, upon due deliberation hereupon, the Town Board hereby adopts an Order
pursuant to Town Law §209-d as follows, and issues a SEQRA negative declaration for this
action, so be it resolved by the town board of the Town of Danby as follows:
1.The boundaries of the proposed district are inclusive of all that land now and formally
part of the South Pointe Subdivision, including approximately 75.8 acres, all as shown
upon the subdivision plat of record at the Tompkins County Clerk’s Office, which plat
map in incorporate herein, and which district is comprised of Town of Danby TPNs 2.-1-
9.1 through 2.-1-9.24, being all of the benefited lots proposed to be in the District, being
comprised of 22 residential building parcels and two stormwater management parcels,
each of said parcels and the district boundaries being further depicted in the subdivision
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Town of Danby, NY Resolution 90 of 2023:
Public Interest Order Formation of Drainage District South Pointe Subdivision
and stormwater mapping for the said subdivision, including as the same are also
depicted in the MPR and the descriptions for parcels and land records as are on file at
the Tompkins County Clerk’s Office.
2.The proposed improvements consist of stormwater retention ponds, vegetated swales
and ditches to convey stormwater to pond forebays, rip rap, a culvert, and other related
stormwater facilities and drains, all of which are set forth upon the Final Subdivision Plat
and in the SWPPP (which are incorporated herein). The future maintenance
responsibilities of the Drainage District #1 include inspections, sediment and debris
removal, vegetation management, animal and nuisance management, erosion control,
and structural repairs. The town possesses access easements and rights-of-way for
normal maintenance and emergency access, and title to the ponds and forebays are
already in the name of the Town. Further responsibilities of the District include the need
to periodically inspect on-site privately built and maintained stormwater facilities (on
individual residential lots) and require their preservation, maintenance, and
improvement, as required by law.
3.The estimated cost to the Town and the District for the proposed improvements is $0.00,
which is the maximum amount proposed to be expended by the Town or the District.
There is no hook-up cost for or to the drainage district, and there is no financing needed
for this project.
4.The MPR describes in detail how the financing, hook-up costs, and other costs and
expenses of the proposed drainage district were estimated and computed, including the
first year’s cost of $309.00 per parcel. Such costs are proposed to be paid through special
benefit assessments for the benefited parcels of the proposed district, to be collected
with the annual Town and County tax bill. The average cost was computed by identifying
the work currently needed, the frequency that each maintenance activity is required, and
then establishing the number of hours and cost per hour for such maintenance activity to
arrive a total district first year’s estimated cost of $10,970. At present, the Town retains
$4,177 in an escrow account that will be applied to the cost of First-Year Maintenance, and
the balance of $6,793 will be assessed equally to the owners of taxable land within the
District on a per lot basis. This method of cost apportionment is considered equitable as
the character and extent of the residential construction is fairly consistent regardless of
lot acreage. With a total of 22 buildable lots, the District charge to each benefited parcel
is calculated as: $6,793/22 lots = $309/lot. This statement of detail as to how the costs
were calculated is and shall be deemed the required computation statement required to
be filed with the Town Clerk by Town Law § 209-d(1).
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Town of Danby, NY Resolution 90 of 2023:
Public Interest Order Formation of Drainage District South Pointe Subdivision
5.The MPR is on file for public review and inspection at the Office of the Town Clerk, and a
public hearing upon such proposed district will be held at 6:00 pm on April 4, 2023, at
the Danby Town Hall, 1830 Danby Road, Ithaca, NY 14850 to thereat hear all persons
interested in the subject thereof, and following which to take such action thereon as is
required or permitted by law
6.The Town Clerk of the Town of Danby, Tompkins County, New York, is hereby authorized
and directed to cause this Resolution and Order to be published in the Town’s official
newspaper and posted not less than 10 nor more than 20 days before such public
hearing.
7.The Town Board of the Town of Danby hereby is again declared to be the Lead Agency,
and after consideration of the SEAF and actual or probable environmental impacts, as
well as all other impacts and criteria requiring review or consideration under 6 NYCRR
617.7(c), the Town Board as Lead Agency finds, declares, and hereby determines that the
proposed action – the formation of Town of Danby Drainage District #1 - will have no
significant negative environmental impacts or consequences, and this declaration is
made in accord with Article 8 of the Environmental Conservation Law and the
Regulations promulgated thereunder, and accordingly, the Town Board of the Town of
Danby, based upon (i) its thorough review of the EAF, and any and all other documents
prepared and submitted with respect to this proposed action and its environmental
review, (ii) its thorough review of the potential relevant areas of environmental concern to
determine if the proposed action may have a significant adverse impact on the
environment, including, but not limited to, the criteria identified in 6 NYCRR § 617.7(c),
and (iii) its completion of the SEAF, including the findings noted therein (which findings
are incorporated herein as if set forth at length), hereby makes a negative determination
of environmental significance in accordance with SEQRA for the above referenced
proposed action (“Negative Declaration”), and determines that an Environmental Impact
Statement is therefore not required, and a Responsible Officer of the Town Board of the
Town of Danby is hereby authorized and directed to complete and sign the determination
of significance confirming the foregoing Negative Declaration, which fully completed and
signed SEAF and determination of significance shall be incorporated by reference in this
Resolution.
Roll Call Vote:
Councilperson Aye Nay Absent
Connors X
Hunter X
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Town of Danby, NY Resolution 90 of 2023:
Public Interest Order Formation of Drainage District South Pointe Subdivision
Weissburg X
Woodworth X
Gagnon X
Resolution 090 of 2023 recorded on 22 March 2023
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