No preview available
HomeMy WebLinkAbout2016-04-20 April 20, 2016 1 REGULAR TOWN BOARD MEETING April 20, 2016 A Regular Meeting of the Lansing Town Board was held at the Town Hall Board Room, 29 Auburn Road, Lansing, NY on the above date at 6:34 p.m. The meeting was called to order by the Supervisor, Edward LaVigne and opened with the Pledge of Allegiance to the flag. Roll call by Debbie Munson, Deputy Town Clerk, showed the following to be PRESENT: Edward LaVigne, Supervisor Andra Benson, Councilperson Katrina Binkewicz, Councilperson Robert Cree, Councilperson Doug Dake, Councilperson ABSENT: None ALSO PRESENT: Guy Krogh, Town Counsel, Amber Volbrecht, Charlie “Cricket” Purcell, Highway Superintendent, Michael Long, Town Planning Consultant, Dan Veaner, Lansing Star, Connie Wilcox, John O’Neill, Village of Lansing, Mike Sigler, Tompkins County Legislator, Maureen Reynolds, Tompkins County Clerk, Dave and Joyce Heck, Miles Munson, Reenie Sandsted, and a few other attendees. LANSING COMMUNITY LIBRARY REPORT – MICHELLE CALUPCA The following report was available as a handout. TOWN BOARD UPDATES FROM THE LANSING COMMUNITY LIBRARY APRIL 20, 2016 1. LCL has chosen a winner for the 3rd Annual LCL Logo Contest! This year’s Summer Reading Program theme is Fitness and the winning logo will be announced at our Annual Meeting April 18th and featured on Summer Reading program gifts, library newsletters, posters and the LCL web site for one year 2. For April we are continuing the Buy One Get One Free at the Lobby Book Sale Rack. New books will be available every week. 3. McPherson Builders are working on replacing the old front entry windows. In addition to new casement windows, some support work is being done to reinforce the upper frame. This work is funded through a grant from Senator Nozzolio’s office. 4. The LCL Annual meeting will be on April 18, 2016 and the trustee election and vote will be on Tuesday, May 3, 2016. All our current trustees whose terms are up, are running for additional terms. 5. Upcoming programs: a. April 10th to 16th was National Library Week and we did “Food for Fines” where patrons could have up to $5 in fines waived for donating canned goods for the Lansing Food Pantry. The fines that were waived will also be donated to the food pantry. And on Saturday, we celebrated National Library Week with a raffle, goodie bags for the kids, and refreshments. b. On April 23rd from 11 am - 1 pm the library will host a Lansing LOVES to Read! Project - Poetry Day 2016. This celebrates April being National Poetry Month, and LLTR will have poetry themed crafts, games, and a story time at 11 am at the library. There will be tours of the Old Lansing School House and readings of poetry & prose written in the 1850s by Lansing school children with Louise Bement, Lansing's Town Historian. c. On Tuesday May 10th at 7 PM Roger Fulton, local author and master naturalist, will give a presentation based on his book “Short Hikes in the Finger Lakes Region: Cortland and Ithaca Region.” Roger’s presentation will highlight some of the short hikes in the Syracuse, Cortland and Ithaca areas. The trails range from paved and easy, to moderate & woodsy trails - something for every level of hiker. April 20, 2016 2 d. The Annual Budget vote and Trustee Election will be held at the library on Tuesday, May 3, 2016. e. The Summer Reading Kick off is scheduled for Saturday, June 18th and the Semi- Annual Book Sale will be held both Friday and Saturday, June 17th & 18th in conjunction with the kick-off. MOTION TO OPEN THE PUBLIC HEARING – LOCAL LAW #3 OF 2016, SUBDIVISION RULES AND REGULATIONS OF THE TOWN OF LANSING Councilperson Robert Cree moved to OPEN THE PUBLIC HEARING TO CONSIDER AND ADOPT LOCAL LAW #3 OF 2016, SUBDIVISION RULES AND REGULATIONS OF THE TOWN OF LANSING at 6:35 pm. Councilperson Doug Dake seconded the motion. All in Favor - 5 Opposed – 0 A resident asked for clarification on the changes. Town Counsel, Guy Krogh stated it re-divided the review into three levels that already exist: major and minor subdivisions and, boundary changes or small one lot exempt subdivisions. He also stated it streamlines processes for simpler subdivisions. Guy noted it gives the developer more options. Edward LaVigne noted that this cleans up the law and gives it clarity. A copy of Local Law #3 was available on line and at the meeting. MOTION TO CLOSE THE PUBLIC HEARING All persons desiring to be heard, having been heard, Councilperson Robert Cree moved to CLOSE THE PUBLIC HEARING at 6:39 pm. Councilperson Katrina Binkewicz seconded the motion. All in Favor - 5 Opposed - 0 MOTION TO OPEN THE PUBLIC HEARING – LOCAL LAW #4 OF 2016, TOWN OF LANSING LOCAL LAW AMENDING ARTICLE XVI OF THE LAND USE ORDINANCE TO ADD § 1611 TO MAP AND CODIFY PLANNED DEVELOPMENT AREA ZONE #2 – THE WARREN ROAD BUSINESS PARK PLANNED DEVELOPMENT AREA Supervisor Edward LaVigne moved to OPEN THE PUBLIC HEARING TO CONSIDER AND ADOPT LOCAL LAW #4 OF 2016, TOWN OF LANSING LOCAL LAW AMENDING ARTICLE XVI OF THE LAND USE ORDINANCE TO ADD § 1611 TO MAP AND CODIFY PLANNED DEVELOPMENT AREA ZONE #2 – THE WARREN ROAD BUSINESS PARK PLANNED DEVELOPMENT AREA at 6:40 pm. Councilperson Robert Cree seconded the motion. All in Favor - 5 Opposed – 0 Town Counsel, Guy Krogh stated the Warren Road Business Park was previously approved many years ago. He noted this is not changing the zoning, it just records what exists there already. No one addressed the Town Board. A copy of Local Law #4 was available on line and at the meeting. MOTION TO CLOSE THE PUBLIC HEARING All persons desiring to be heard, having been heard, Supervisor Edward LaVigne moved to CLOSE THE PUBLIC HEARING at 6:42 pm. Councilperson Robert Cree seconded the motion. All in Favor - 5 Opposed - 0 April 20, 2016 3 PARKS AND RECREATION REPORT – STEVE COLT The following report was available as a handout. Parks & Recreation Department 4/20/16 Town Board Meeting RECREATION  The LBP Baseball and LSP Softball programs have had their respective coaches meetings and teams have been selected. Practices have started with games starting in the first week of May.  We have 310 players registered for this season that comprise 33 teams. This program is amazingly still strong taking into account that our population is NOT growing and there are many more choices for our students than ever.  Our Saturday Soccer program for ages 4 – 8 years is in the second year. We hoped for 20 players last year and got 60. This year we are already at 80 players and start this Saturday!!! Adam Heck directs this program.  The ART SHOW this year is set for Friday May 6th and is organized by Robin Schuttenberg and the East Shore Festival of the Arts.  We are working on the Summer Recreation Program Booklet. We will be offering several new programs this year, and also not be offering a couple of programs due to school construction in the pool and in the music wing of the MS.  Robin Schuttenberg has again designed a really nice cover for this year’s booklet. We hope to have it ready for distribution by the first weekend of May. PARKS  Alex Powers, local student, for his Eagle Scout Project, has installed a new sign at Ludlowville Park. He has also taken down the historical sign at the entrance of the park and has cleaned and repainted it. All looks very nice.  We have reclassified the “live-in” position in Myers Park, adjusting the job duties. This position will have a much greater emphasis on maintenance and cleaning and less on Camper greeting. We interviewed and have a great person to fill the position.  Myers Park is cleaning up nicely and with the recent good weather, we have already had a lot of people visit. We have camper reservations starting the first weekend in May. Wayne Straw has returned and is back on the job daily in the park.  The Dry Dock area in Myers Park still has 6 or 7 spaces available. These should sell out before the end of May. The Kayak rack IS sold out now and have a waiting list started. HIGHWAY SUPERINTENDENT REPORT – CHARLIE “CRICKET” PURCELL Reviewed the following items with the Town Board. Superintendent Edward LaVigne stated there is great communication with Highway Superintendent Charlie “Cricket” Purcell. 1. Brush Pick Up – Town pick up starts April 25, 2016 Village pick up starts May 2, 2016 2. Tompkins County Water & Soil Tire Collection – Hosted at the Town of Lansing Highway Barn on April 23, 2016 from 11:00 am to 3:00 pm. The disposal fee is $1.00 per car tire, $2.00 per truck tire or $5.00 for a tire with rims. April 20, 2016 4 3. Highway Hours – Starting May 25, 2016 the Town of Lansing Highway will work Monday to Thursday, 6:00 am to 4:30 pm. 4. Park Paving – Scheduled for early May. TOMPKINS COUNTY REPRESENTATIVE – MIKE SIGLER Reviewed the following with the Town Board and the report was available as a handout. Tompkins County Legislator Michael Sigler April 20, 2016 Hello and thanks for having me in to update you again. Through the approval of nine bond resolutions, the Tompkins County Legislature authorized nearly $8.5 million in financing for 2016 capital projects included in the County’s 2016-2020 capital program, approved as part of the 2016 county budget process. We approved up to $1 million for road and highway system reconstruction and improvements at various locations throughout the and up to $200,000 for repair and replacement of certain existing bridges. One of the big projects is up to $1,438,000 for improvements to the Coddington Road/Burns Road intersection and p to $1.4 million for improvements at the Tompkins County Public Library. The Library and donors will eventually pay $1.1 million, with the County supporting $300,000 (for new carpeting); Planning Commissioner Ed Marx and Deputy Commissioner Katie Borgella presented Legislators with the assessment and findings of the “Tompkins County Energy Roadmap: Evaluating Our Energy Resources.” The study was one of ten local measures identified in the County’s 2020 Energy Strategy to help prepare the community to achieve its stated greenhouse gas emissions goals of 80% reduction in emissions over 2008 levels by 2050. Among the report’s recommendations:  Reduce energy use by 35% in existing buildings through retrofits and upgrades.  Construct new buildings that are extremely energy efficient.  Reduce natural gas use by at least 50%.  Reduce demand for grid electricity by at least 24% from centralized power plants or energy sources.  Develop at least 50% of the identified solar energy production potential.  Develop at least 20% of identified wind energy production potential. You can review the Tompkins County Energy Roadmap report posted on the Planning Department website at http://www.tompkinscountyny.gov/planning/energy-climate. The Legislature, by unanimous vote on the recommendation of the Tompkins County Bicentennial Commission, passed a resolution officially declaring the year 2017 to be the Tompkins County Bicentennial Year The County Bicentennial Commission will announce its plans and ideas for the year-long celebration this Thursday, April 7, exactly one year from the 200th Anniversary date.  Mike Sigler will update on the April 19th meeting, but needed to submit this report before that meeting took place. Thank you for having me and thank you again to Marcia Lynch for all her work as our public information officer at the county who makes this report possible. PLANNING CONSULTANT REPORT – MICHAEL LONG Reviewed the following with the Town Board and the report was available as a handout.  Novalane – Jack Young o Preliminary Plat subdivision plan with turn around extension of Smugglers Path. o SEQR – classified as an “Unlisted Action” and will have resolutions available. o Public Hearing opened Feb 9th for the “Flag Lots” – still open. April 20, 2016 5 o Storm Water Plan SWPPP reviewed by T.G. Miller, letter dated Jan 26, 2015 of issues, revisions currently underway o Site meeting to walk future Smugglers Path road extension – 5/7/2015 – o Request for 1 lot subdivision as an interim step before the entire subdivision is completed – Sept 28, 2015. Withdrawn at this time. o Preliminary and Final Plat approvals - TBD.  West view Partners, Boris Simkin – Sun Path R1 Zone - Major Subdivision – 4 Lots + Parent parcel (5). o Original application - 3 lot subdivision classified as minor o Joint Planning Board / Town Board Meeting Oct. 6, 2014 to review the history of the Sun Path development- reclassified as a “Major Subdivision” and future phases to be included and storm water considerations. o Designated a Major subdivision (4 lots and ROW issues) – phase plan completed by T.G. Miller with ROW access and future roads included (drawing dated 12/15/2015). o Revised Subdivision Plan (12/15/2014) - submitted to T.G. Miller Storm Water Plan for 4 lots with future lots #5-10 and road to north. o Revised 239 Review from County – response 50 foot buffer 3/30/2015 o SWPPP plan reviewed by T.G. Miller, recommended changes letter 3/23/2015, Meeting held on 4/8/2015. o Field work completed 9/4/2015 with Dave Herrick on site. o Revised SWPPP submitted Jan 10, 2016 and review letter issued 1/14/2016 by T.G. Miller o Revisions to the draft subdivision map are being prepared by T.G. Miller. o Public Hearing date –March 28, 2016 Planning Board Meeting o SEQRA and Preliminary Plat approval – April 11, 2016. o Final Plat review –tentative April 25, 2016 meeting pending survey map.  Lake Forest Circle Drive – L1 Zone - Major subdivision of 16 lots plus storm water. o Tompkins Co. 239 review (Letter 11/12/2014) has been completed. o Storm water plan revisions requested T.G. Miller. Letter dated 11/19/2014. o Revisions are being made to the SWPPP materials. Submitted 10/26 revised maps. Letter (Oct. 27, 2015) from Tim Buhl in response circulated. Comments on map sent on map 10/28/2015. o “Public Hearing”- held December 14, 2015. o SEQRA, Preliminary Plat approval December 14, 2015 – included waiver of new town highway specs. o Discussion regarding existing easements and potential changes – propose meeting with owner and staff to resolve outstanding issues. o Revised documents submitted March o Final Plat approval – TBD.  Ag Plan – Follow up meeting – finalize report meeting June 1, 2015 o Joint Planning Board and Town Board meeting held– June 22, 2015 o Town Board Public Hearing Meeting – July 15, 2015 o Town Board establishes 2nd Public Hearing for Sept. 16, 2015 o Town Board adopted Ag Plan on Sept. 16, 2015. o Town Board to establish a formal “Agriculture Committee” as per the recommendations. o Requested community volunteers Lansing Star and town web site. o Meeting held Feb 8th 9:00 AM at Linda’s Diner with farmers, etc. o Ag Committee members appointed by the Town Board February 17th meeting. April 20, 2016 6 o First Ag Committee Meeting held Monday March 7, 2016. o Next Ag Committee meeting Monday May 2, 2016.  Mirabito Holdings, Inc. – Site Plan Requested – Town Barn Road B2 Zone. o 3 acre phased development – LP Gas storage facility with later phase petroleum. o Informal Site Plan meeting – PB held Oct 26, 2015 o PB is requesting a “Public Hearing” to be established after SWPPP is prepared. o 239 Review requested underway. o Storm Water Plan submitted 1/11/2016 for T.G. Miller review. o Applicant’s agreement executed 1/18/2016 with deposit. o Set “Public Hearing” as requested by Planning Board – January 8, 2016. o Applicant has submitted the Fire Safety Analysis dated March 1, 2016. o Revisions being made to the site plan for new driveway entrance and additional landscaping to coordinate with the SWPPP plan before final submission. o SEQRA and Site Plan approval – TBD. o Town Board to designate Town Barn /Verizon Lane as a “public road” – April 13, 2016 mtg.  A. Scott Pinney – Peruville Road Site Plan (RA Zone) to add 15 additional duplex buildings in addition to 4 existing duplexes and office / barn complex. o Site Plan draft submitted (12/2014, meeting held and revised site plan resubmitted (9/14/2015). o Application for Site Plan and Developers Agreement –received 11/15/2015. o Revised SEQRA application received 11/16/2015. o SWPPP submitted to T.G. Miller – Oct. 2015 preliminary review underway o Revised SWPPP submitted 11/12/2015. o SWPPP comments from T.G. Miller 11/24/2015 to engineer, waiting response. o 239 Review – comments received 1/6/2016. o SEQRA, SWPPP and Site Plan approval – TBD.  East Shore at Cayuga Vista Drive – (B1 Zone) – Site plan for a “Dollar General” 9,100 SF retail store by Primax Properties, LLC. Together with a subdivision request to create 2 lots. o Preliminary site plan drawings received 11/9/2015, application 11/30/2015. o Informal sketch plan meeting held by Planning Board on Dec. 14, 2015 with neighbors notified. o Revised site plan with formal application and stormwater plan submitted 1/11/2016. o 239 Review – submitted 1/21/2016 and received comments 2/2/2016 with an updated letter dated March 1, 2016. o Public Hearing for One-Lot subdivision held Feb 22, 2016. o Approval for “Minor sub-division” creating 2 lots. o SEQRA / Site Plan approved at the March 14, 2016 meeting. o Requested easement from the Town Board authorization for driveway access to Cayuga Vista Drive. o ZBA denied the (3) sign area variances at the April 12, 2016 meeting.  Airport Storage Building – Arno Finkelday at 8 Hillcrest Road - addition 8 storage units. o Application and SEQRA forms submitted 1/20/2016. April 20, 2016 7 o SWPPP information submitted 1/20/2016. Forward to T.G. Miller for review and comments received dated February 3, 2016. o 239 Review – submitted 1/21/2016 and received Feb 9, 2016. o Formal SEQRA / Site Plan approval – March 28, 2016.  Cell Tower – Crown Castle (Verizon Wireless tenant) – applicant represented by Matthew Kerwin attorney of Barclay Damon. o Preliminary application materials received 3/21/2016. o Copy submitted to structural engineer for review. o Sketch Plan review meeting – April 11, 2016 o Balloon site testing – Visual Analysis to be scheduled. o SEQRA / Site Plan approval – TBD.  Comprehensive Plan – Town Board appointment of members Jan 4, 2016 o Planning Board Members appointed: Lin Davidson, Larry Sharpsteen, Jerry Caward and Sandy Conlon. o Requested additional members - Lansing Star and town web site. o Reorganizational meeting held Wed. Jan. 13, 2016 at 7:00 PM. o Committee Meeting scheduled for first Wed. of the month at 6:00 PM. – next 5/4/2016. Committees have been consolidated and new members assigned. o Full Comprehensive Plan Committee meetings 2nd Wed. – at 6:00 PM - next 5/11/2016. Mike reported the following changes to this report: Verizon Cell Tower Proposal – They will fly a balloon, behind the car wash, on 4/29/16 or 5/5/16 to the height of the tower. Sun Path – Final subdivision plan for four lots. Storm Water – Final version on Mirabito Town Counsel, Guy Krogh congratulated Mike on the new $20.00 bill having Harriet Tubman’s picture on it. Mike stated he has been working on the Harriet Tubman National Park in Auburn for thirty years. Agriculture Committee – Submitted the grant reimbursement request for $18,750. ENGINEER’S REPORT – DAVE HERRICK The following report was available as a handout. ENGINEER’S REPORT 1. Water System Planning and Maintenance a. Town CWD, Bone Plain Pressure Zone • Existing connected water customers will need to be notified of expected dates for placing the higher pressure zone into operation. Bolton Point to provide the customer name and addresses. An informational letter explaining dates, what changes customers will experience and what plumbing changes may be required in their buildings, if any, has been drafted for Supervisor LaVigne’s review. • Contractor is behind schedule in preparing and submitting As-constructed Drawings of the water mains. Until this is done, the flushing and disinfection of the mains will be delayed. • Pavement and lawn restoration is also becoming time critical. b. Town CWD, Triphammer Terrace Extension • Design drawings, specifications and Health Department approval application are complete pending review by Highway Superintendent. April 20, 2016 8 • Project will include the installation of storm sewer pipe and drain inlets to eliminate the open ditch along the east shoulder of Triphammer Terrace. • Permanent and temporary easements for the new water main will be requested of the landowners on the east side of Triphammer Terrace between Aspen Way and Tahoe Trail. 2. Stormwater Planning and Maintenance a. Working with Highway Superintendent and Stormwater Management Officer to prepare the Town’s portion of annual MS4 (Municipal Separate Storm Sewer System) report to NYSDEC. • Town’s narrative is due to Tompkins County Soil and Water by Friday, April 22nd. Full report is due to NYSDEC by June 1st. 3. Code Enforcement and Planning a. Recently Completed Development Reviews and Planning Department Assistance • Town Center Lands road and parcel layout • Town Barn Road right-of-way mapping COMPREHENSIVE PLAN COMMITTEE REPORT – CONNIE WILCOX Connie stated the committee is working diligently on the comprehensive plan. She noted their target date is the end of June. AGRICULTURE COMMITTEE REPORT – CONNIE WILCOX Reviewed the following with the Town Board and the report was available as a handout. Town of Lansing Agricultural Committee April 13, 2016 9:00 AM at Linda’s Diner Scott Doyle from Tompkins County Planning gave a presentation on the PDR (Purchase Development Rights) to preserve farm land, he explained the timelines. There is 5 million available for Tompkins County with a 2 million cap, will cover appraisals, survey and title research. It would be a one-time payment, land owner would receive 87 ½%. Factors involved in the process would be Landowner, Municipality, Farm Management, viable farm, natural resources, development pressure, future fiscal climate risk.  Based on high value farm resources  Probably around $2000 per acre or perhaps $2500 on high end  All monies are taxable  Pre Applications need to be in by April 25  May to find out about government support  Final Application June 13 Report from Highway Superintendent Charlie (Cricket) Purcell  Highway Department plans to do quite a bit of work in the North end of town and he will try and coordinate his work with the farmers as to what they are doing at the time.  Also trying to work with The State DOT on resolving some issues on the State Highway. Discussion on Right to Farm Law and putting together a flyer similar to something the Town of Ithaca did. Discussion on Leasing Farm Land for Solar Energy.  There will be two presentations one in Bath and one in Montour Falls sponsored by Cooperative Extension of Steuben County. There will be an Environmental Scientist, CPA and Attorney present. April 20, 2016 9 Discussed having a Farm Day at the Town Hall and Library area in October, Andra Benson has agreed to head this up. Lin Davidson has 66 people interested in touring farms, he has agreed to head this committee up. Thank you Andra and Lin. Also discussed extending the Agricultural zone to Peruville Rd., I agreed to present this to the Planning Board and Town Board for discussion. Next Committee meeting May 2, 2016 at Linda’s Diner 9AM. Jay Franklin will be attending to discuss the Ag Assessments and answer questions. PRIVILEGE OF THE FLOOR A resident that lives on a private road addressed the board. He stated that he doesn’t receive snow plow services or brush pick up because he lives on a private road. He suggested that private road owners should have an adjustment/credit/exemption on their taxes for these services, which they do not receive. Another option he suggested was to have the Town of Lansing Highway hire a private contractor to take care of these services, for the private road owners. Another resident stated that he didn’t understand why private road owners don’t have brush pick up. Highway Superintendent, Charlie “Cricket” Purcell, stated there is a section of town road that runs in there. He also stated that the private road owners could pile the brush on the town road that goes to the lake and the highway will pick it up. Superintendent Purcell noted that not all residents want the town on their private road. He stated the town could be liable if they are on the private road and some damage is done. Supervisor Edward LaVigne, suggested the residents discuss this with Highway Superintendent Charlie “Cricket” Purcell at a later time. RESOLUTION APPROVING AND ADOPTING LOCAL LAW #3 OF 2016, THE SUBDIVISION LOCAL LAW, AND ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE UNDER SEQRA Town Counsel, Guy Krogh reviewed the Short Environmental Assessment Form (part 2) for Local Law #3 of 2016. RESOLUTION 16-71 RESOLUTION APPROVING AND ADOPTING LOCAL LAW #3 OF 2016, THE SUBDIVISION LOCAL LAW, AND ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNFICANCE UNDER SEQRA WHEREAS, the Town has long recognized a need to update and simplify its subdivision local law, and since late 2013 amendments have been underway in respect of the same, and this draft local law has been reviewed by the Planning Board and the Town Board on many occasions and a final version has been prepared and reviewed; and WHEREAS, such local law proposes to update definitions, standards, and procedures of review of exempt, minor, and major subdivisions, and to add clustering in the form of conservation subdivisions, all largely following the processes set forth in Town Law Article 16, but superseding certain provisions to allow for waivers and streamlined reviews when needed; and WHEREAS, this proposed amendatory local law is an Unlisted Action under SEQRA and the Town Board, as the sole involved agency for such a local law will need to conduct an environmental review and has caused to be prepared a SEAF, mapping, and related environmental documentation; and April 20, 2016 10 WHEREAS, a public hearing to consider the proposed local law and its potential environmental impacts was duly held upon the 20th day of April, 2016, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, where at all persons interested in the subject thereof were duly heard; and WHEREAS, each identified potential environmental impact was analyzed and duly considered by the Town Board, as Lead Agency in this coordinated review of an Unlisted Action, in relation to the question of whether any potential environmental impacts were so probable of occurring or so significant as to require a positive declaration, and after weighing the above and all other potential impacts arising from or in connection with this project, 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 a moderate or significant impact such that a negative declaration will be issued; and WHEREAS, this matter has already been referred to County Planning for a § 239 review and County Planning noted no negative county-wide or intermunicipal impacts and had no official or unofficial comments or recommendations in respect of this local law and site plan, but the County had one unofficial comment suggesting that the Town should consider allowances for passive and active solar power and radiative systems, apparently as the County did not remember or analyze such a suggestion in light of recent zoning changes which make on site residential solar, wind, and geothermal facilities permitted as of right in all districts; and WHEREAS, a notice of intent under SEQRA was duly delivered to all key agencies and no agency objected to the Town Board being the lead agency for the environmental review of this action, and further no agency made any formal comments upon any environmental matters or issues relating to this action; and WHEREAS, and after due deliberation upon this matter, be it now hereby RESOLVED as follows: RESOLVED, that after consideration of the potential environmental impacts reviewed in accord with 6 NYCRR Part 617, Section 617.7(c), the Lead Agency finds that the proposed action – amending and updating the subdivision local law by adoption of Local Law #3 of 2016 - will have no moderate or significant negative environmental consequences; and this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York and the New York SEQRA Act, and the Regulations promulgated thereunder, and accordingly, the Town Board of the Town of Lansing, 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 moderate or 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 EAF, including the findings noted therein (if any, and which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQRA for the above referenced proposed action, and determines that an Environmental Impact Statement is therefore not required; and it is further RESOLVED, that a Responsible Officer of the Town Board of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and determination of significance shall be incorporated by reference in this Resolution; and it is further April 20, 2016 11 RESOLVED, that Local Law Number 3 of 2016 be and hereby is approved and adopted in the form as presented to this meeting, and in such form “be it so enacted”; and it is further RESOLVED, that any person or entity who has, prior the date of this resolution, submitted a complete and completed application for an exempt subdivision may opt to proceed under the older exempt subdivision rules or the updated subdivision rules, but only so long as a plat is filed on or before April 30, 2016; and it is further RESOLVED, that as to all other subdivisions and all other exempt subdivisions, this local law shall have immediate effect; and it is further RESOLVED, that within 20 days after the final adoption of this Local Law the Town Clerk shall file a certified copy of this Local Law, together with the required certifications, if any, as follows: (i) in the Office of the Town Clerk; and (ii) with the New York State Secretary of State as required by Municipal Home Rule Law §27 (said filing may be made by delivery to the NYS Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231). The question of adoption of such proposed Resolution was dul y motioned by Supervisor Edward LaVigne, duly seconded by Councilperson Katrina Binkewicz, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 20, 2016. LOCAL LAW NUMBER 3 OF 2016 SUBDIVISION RULES AND REGULATIONS OF THE TOWN OF LANSING History – This Local Law hereby supersedes prior rules and regulations pertaining to subdivisions as previously adopted by the Town of Lansing and the Town of Lansing Planning Board. This Local Law was originally adopted May 18, 2005, amended April 16, 2008 by Local Law Nu mber 2 of 2008, and is hereby amended again and wholly replaced by this Local Law Number 3 of 2016. The Town Board of The Town of Lansing, New York, pursuant to Resolution dated April 20, 2016, does hereby adopt and pass this Local Law Number 3 of 2016, and therefore, be it so enacted as follows: SECTION 1 - AUTHORITY & PURPOSE: This Local Law is adopted pursuant to the authority granted the Town of Lansing by § 10 of the Municipal Home Rule Law, §§ 130 and 276 of the Town Law, and Article 16 of the Town Law, and other laws empowering the Town to regulate subdivisions and land divisions within the Town. A. Pursuant to the New York State Town Law §§ 271 and 276 the Town of Lansing hereby empowers the Town of Lansing Planning Board, and other Town of Lansing officials as herein named, to act pursuant to this Local Law and to review and, where appropriate, approve the subdivision of land in the Town of Lansing. B. It is declared to be the policy of the Town of Lansing to consider land divisions and subdivision as part of a plan for the orderly, efficient, and economical development of the Town of Lansing. Subdivision classification and development should be consistent with the Town of Lansing’s Comprehensive Plan and, accordingly, the purpose of these rules, regulations, and standards are: (i) to promote the safe, sanitary, and efficient subdivision of land; (ii) regulate the subdivision of land in a manner which will result in orderly growth and development, provide for adequate municipal services, and result in the safe movement of vehicular and pedestrian traffic; and (iii) to establish minimum standards and requirements by which land in the Town of Lansing is to be subdivided. April 20, 2016 12 C. As to Major Subdivisions, it is further declared to be the policy of the Town to consider Major Subdivision Plats as part of a plan for the orderly, efficient, and economical development of the Town. This means, among other things, that land to be subdivided must be of such character that it can be used safely for building purposes without danger to health, or peril from fire, flood, or menace; that proper provision must be made for drainage, water supply, sewerage, and other needed improvements; that all proposed lots must be so laid out and of such size as to be in harmony with the development pattern of the neighboring properties; that the proposed roads must compose a convenient system reasonably conforming to the official map and the comprehensive plan, and must be of such width, grade, and location as to accommodate the prospective traffic, to facilitate fire protection, and to provide access of fire -fighting equipment to buildings; and that proper provision must be made for open spaces for parks and playgrounds. SECTION 2 - SUPERSESSION AND CONSTRUCTION: A. Pursuant to Municipal Home Rule Law § 22, the Town hereby states that its intent is to supersede, to the extent of any conflict in definitions, procedures, or filing and approval requirements: (i) Town Law §276 (adopted as Laws of 1992, Chapter 727, §1, and amended by Laws of 1994, Chapter 486, §§ 10 to 13, Laws of 1995, Chapter 423, § 7 to 11, Laws of 1996, Chapter 235, §6, Laws of 1997, Chapter 458 §25), and subdivisions 4, 5, 6, 7, 8 and 11 of such §276, mainly to the extent that the Town has adopted different definitions, different timelines, additional or differing requirements and responsibilities of Town employees and the Town Planning Board relative to the review of subdivision and related applications, the creation of an exempt subdivision category, additional or different requirements for subdivisions and related applications, and differing standards of review, approvals, and approval procedures; and (ii) Town Law §277 (adopted as Laws of 1997, Chapter 485 and Laws of 1992, Chapter 727), including Subdivision 7 thereof, and also including the supersession of Subdivision 2 to the extent that the Town has added additional requirements. B. All nouns and pronouns shall be construed in the singular, plural, masculine, feminine, or neutered context when the provisions hereof so demand or admit. Capitalized words shall have their defined meanings and all words, capitalized or otherwise, shall have standard meanings as applied within the context of the clause in which such terms appear. Subject headings are for convenience and shall not be construed or applied to limit or restrict the subject matter and terms appearing under such subject heading. Whenever any reference is made to any section of law or regulations, such reference shall be interpreted to include such law or regulation as later amended, renumbered, or re- codified, and a mere typographical citation error shall not be given effect. SECTION 3 - DEFINITIONS: Words used in this Local Law shall, when capitalized have the following meanings. APPLICANT – all Applicants for Subdivisions must be the owners of the land in question, have a sufficient ownership interest in such land, or be appointed agents for such owner; and such term shall also mean anyone who applies for Subdivision approval or amendments to any prior Subdivision and any subdivider or related land developer working with an owner or subdivider. CONSERVATION DESIGN MAPPING – a process used for Conservation Subdivisions to help identify clustering lot designs to arrange such lots and site improvements in a manner as protects land conservation values, minimizes cut and fill operations, conserves mature trees, promotes the preservation or conservation of open spaces, and facilitates safe vehicle, pedestrian, and bicycle circulation. Such Conservation Design Mapping is comprised of two basic components: 1. Using access management techniques, such as shared driveways, to minimize curb cuts on rural highways, and transportation demand management (TDM) plans, to examine parking, motion, anticipated mode-shares, and incentives for traffic and travel at the site. TDM plans shall be deemed sufficient for Conservation Design Mapping if prepared in accord with the TDM Handbooks and Manuals, National TDM and Telework Clearinghouse, Center for Urban Transportation at the University of South Florida, and preference shall be given for performance based criteria and TDM plans that favor solutions that do not result in mere infrastructure improvements, such as wider streets, more parking, and other improvements that consume land resources. 2. A site-based land use and conservation analysis consisting of an examination of existing building and flora densities and open spaces on and near the site, the existing natural resources and soil characteristics on and near the sit e, making housing more affordable, the use of shared Infrastructure and the reduction of land resource consumption. This analysis shall take into account existing resources and the existing visual and other characteristics of an area, such as an open farmland vista, and seek to preserve such “look and feel” by mapping all ground-level improvements and features, all natural and underground resources, April 20, 2016 13 and all cultural and historic areas or buildings, and then examine the most suitable area for development and ground disturbances as to compliment desirable features, ecological resources, and the existing character of the area. The delineation of standards for Conservation Design Mapping are not intended to signal detailed, exacting, or lengthy studies; nor a need for geological, ecological, or significant resource or species analyses concerning the land. Conservation Design Mapping is intended to be a tool to help guide the placement and design of Conservation Subdivisions to help preserve existing neighborhood characteristics and existing land and other resources. Dogmatic adherence to saving trees can mean using arable fields and open spaces for housing, and the impacts from building in such areas are often far more significant than building in mature hardwoods. Thus, the scope and detail needed for any Conservation Design Mapping shall be determined by the Planning Board based upon factors such as location, neighborhood, roadway and access characteristics, existing natural communities, and such other factors as the Planning Board may deem relevant or required during the sketch plan and preliminary plat phases of Conservation Subdivision review. CONSERVATION SUBDIVISION - a Subdivision in which the otherwise applicable area and bulk regulations of zoning are modified to encourage flexibility of design and development of land in such a manner that the layout, configuration, and design of lots, structures, driveways, roads, parks, trails and landscaping are designed to preserve important natural resources and scenic qualities of the site. A Conservation Subdivision is a cluster development as authorized by Town Law § 278 and this Local Law. EIS – an Environmental Impact Statement arising under SEQRA, most often by consent or after a positive declaration after a review of a SEAF or FEAF. ENFORCEMENT OFFICER - the Town’s Zoning and Code Enforcement Officer(s) and any other person designated as an Enforcement Officer hereunder by resolution of the Town Board. FEAF – a full, or long-form, environmental assessment form, usually used for Type I Actions under SEQRA. FLAG LOT – a lot that meets the minimum area requirements of zoning within the Town which is connected to a public road right-of-way by a strip of land at least 30’ feet wide and containing a private access drive. Generally, these are called “flag lots” as the shape is often like a flagpole with flag, with the main lot being the “flag” and the connection to a street or access -way being the “flagpole.” Generally, a Flag Lot does not count the driveway area (the flagpole) as a part of the building lot for zoning area requirements, and a Flag Lot should generally be approximately 1.5 times the size of a normal lot in such zone. INFRASTRUCTURE – roads (public or private), culverts, bridges and utilities, stormwater facilities, and other and similar appurtenances designed, built, installed, or used to support development of lots and Subdivisions. LOT LINE ADJUSTMENT - the adjustment of one or more lot lines between two or more existing and adjoining lots that does not result in the creation of new lots, the creation of any non-conforming lot, and which does not effect a transfer of more than one acre in gross (meaning, when counting all land transferred from each lot or party to the other), and which transferred parcels are merged into their new parent parcel. While not a subdivision, Lot Line Adjustments are land divisions and shall be approved in the same manner as Exempt Subdivisions under this Local Law. If a lot line change does not meet this definition of being a Lot Line Adjustment, then it shall be referred to the Planning Board for review and approval. LOT WIDTH – a measurement of the front lot width as measured at the building setback line. This measurement is usually made along the side of a lot or parcel where the roadway frontage exists, except for lands adjacent to Cayuga Lake. For corner lots the Enforcement Officer shall reasonably determine which side is designated as the front of the lot for purposes of calculating the lot width. PERFORMANCE GUARANTEE - a form of security approved by the Town that has the effect of providing assurance or a guarantee that all Improvements will be made and constructed in accord with the requirements of this Local Law, applicable codes and requirements, the requirements of the Town, and the terms and requirements of any approved Subdivision or plat. A Performance Guarantee may include performance bonds, escrow agreements, letters of credit, cash, and other or similar collateral or surety agreements. No s uch Performance Guarantee shall be deemed acceptable or in compliance with the requirements of this Local Law if the Person posting the bond or other undertaking is a guarantor or surety to any underwriter of such bond or undertaking, or if such Person provides for indemnity to any underwriter or issuer with respect to April 20, 2016 14 such bond or undertaking. Bonds shall comply with the requirements of Town Law § 277 and shall be acceptable to the Town Board and Town Attorney as to form, sufficiency, manner of execution, and surety. A period of one year (or such other periods as the Planning Board may determine appropriate, not to exceed three years) shall be set forth in the bond within which required improvements must be completed. PERSON - any individual, firm, partnership, agency, association, corporation, company, board, official, or entity or organization of any kind. PLANNING BOARD - the Planning Board of the Town. SEAF – a short-form environmental assessment form, usually used for Unlisted Actions under SEQRA. SEQRA – the State Environmental Quality Review Act, codified at Environmental Conservation Law Article 8 and implemented in part through regulations at 6 NYCRR Part 617. Where and as required, a reference to SEQRA shall include compliance with NEPA (the National Environmental Policy Act). SKETCH PLAN – means a drawing based upon a survey or other accurate base map drawn at a scale of not less than 1:2,400 showing the proposed Subdivision and: (i) the location of the Subdivision as an entire tract; (ii) the distance to the nearest existing street intersections; and (iii) existing structures, wooded areas, streams, wetlands, flood hazard areas, and other significant physical features within the Subdivision and within 200’ of the boundaries thereof. If the Subdivision is a Major Subdivision, a Minor Subdivision, or a Conservation Subdivision, a Sketch Plan shall also include: (iv) topographic information showing 10’ elevation intervals or related elevation information; (v) the name of the owner and adjoining property owners, as well as the name of the project, if any; (vi) the tax map, block, and lot numbers of all lots shown on the plat; (vi) the locations of all utilities and roads; (vii) the lot locations and dimensions, roadway layouts (if any), recreation areas (if any), water supplies and sewerage services, stormwater and drainage facilities (if required); (viii) any existing restrictions upon the use of the land, such as easements, covenants, and development district boundary lines; and (ix) any other information requested by the Enforcement Officer or the Planning Board. SMO – a Town Stormwater Management Officer. SUBDIVISION - the division of any parcel into two or more lots by any means regardless of whether intended for improvement or sale, and regardless of whether any existing improvements occupy any lots. Notwithstanding this definition, a Lot Line Adjustment shall not be a Subdivision if no new lots or gores of land are created and no lot is made non-conforming. SUBDIVISION, EXEMPT – the division of any parcel into 2 or fewer lots, where each of the following requirements is strictly met: (i) each lot is not less than 1 acre; (ii) no lot is non - conforming; (iii) each lot has not less than 150 feet of frontage on a public highway and a 150 foot Lot Width; (iv) no Infrastructure is proposed, required or created, including extensions of public water or sewer mains; (v) there has not been any other prior subdivision of any lot affected by such proposed Exempt Subdivision, no variances are needed by any Person to qualify as an Exempt Subdivision, and the action qualifies as a Type II Action under SEQRA. SUBDIVISION, MAJOR - any Subdivision which creates 5 or more lots, including the counting of the parent lot(s) as one of the lots in such Subdivision, or which is less than 5 lots but not a Minor Subdivision or Exempt Subdivision. The calculation of the number of lots shall include the gross, total number of lots resulting from Subdivision, and Appendix A shall be used as a guideline. SUBDIVISION, MINOR - any Subdivision that creates up to and including 4 lots where there is no Infrastructure needed for such Subdivision. Infrastructure that relates to stormwater facilities that is not significant in terms of structural complexity, land area disturbance, does not require dedication, and which is wholly contained upon each individual lot of the Subdivision, such a water gardens and on-site treatment, will not, standing alone, preclude classification as a Minor Subdivision. SWPPP – a Stormwater Pollution Prevention Plan as defined by and under the United States Environmental Protection Agency and Phase 2 Stormwater requirements, the New York State Department of Environmental Conservation and its SPDES programs and rules, and the Town’s stormwater local laws and requirements. Such term, as used in this Local Law, is intended to cover all aspects of stormwater review and control, from certifications to basic and full plans. April 20, 2016 15 TOWN - the Town of Lansing, in Tompkins County, New York, and whenever applicable or the context so permits or requires, the elected officials, officers, superintendents, assistant superintendents, employees and agents of the Town. TOWN BOARD - the Town Board of the Town. SECTION 4 - UNDEVELOPED SUBDIVISIONS: The Planning Board may review, for purposes of revision, those Subdivisions and Subdivision plats already on file with the County Clerk if 20% or more of the plat is undeveloped for reasons other than terrain, drainage, soil conditions, or the like. Legislative authority for such review is found in Town Law § 276. SECTION 5 - EXEMPT SUBDIVISIONS: A. An Applicant shall submit the following to the Enforcement Officer: (i) a Sketch Plan of the proposed Exempt Subdivision; (ii) proof that all qualifications for an Exempt Subdivision are met; (iii) at least 5 copies of a signed and certified survey of the affected land showing all proposed lot boundaries; and (iv) a proposed SEAF. If there is a potential to disturb more than 2 acres of land as determined by the SMO, then the SMO shall require stormwater review and compliance. If a SWPPP is required it shall be submitted to and approved by the Town prior to approval of the Exempt Subdivision. B. If for any reason the Enforcement Officer believes that there are special circumstances involved with any proposed Exempt Subdivision, such as unique topography, the presence of creeks or streams, prior subdivisions of any one or more involved, adjacent, or related lots, the effects upon agricultural districts, the effects upon Cayuga Lake and its tributaries, highway safety, or any hazard or potential hazard to life, property or public peace or welfare, the Enforcement Officer may refuse Exempt Subdivision status and refer the proposed Subdivision and sketch plan to the Planning Board for review and classification. C. Lots that were involved in any prior Exempt Subdivision shall not be permitted further division as Exempt Subdivisions, whether by the same or any other Person and regardless of the timeframe between any such proposed Subdivisions. Similarly, lots involved in any Major Subdivision or Minor Subdivision shall not be permitted to be further divided as Exempt Subdivisions. D. The Enforcement Officer shall review the SEAF and classify the action for purposes of SEQRA. If classified as a Type I Action, the Applicant shall submit a FEAF for review. If there are no other involved agencies the Town shall conduct an uncoordinated review and the Town may make a determination of environmental significance following a requisite hard lo ok at potential environmental impacts and consequences. No approval of any Exempt Subdivision shall be made until the SEQRA process is properly concluded. E. If a Subdivision meets the definition of and rules for an Exempt Subdivision then, after and upon a review and approval thereof, the Enforcement Officer may place a zoning seal upon at least two surveys and approve such Exempt Subdivision. At least one such sealed survey shall be given to the Applicant, and at least one such sealed survey shall be del ivered to the Chair of the Planning Board. F. Any nonconforming lot shall not be reduced in its area or any dimension through subdivision or otherwise as to increase the amount of nonconformity. SECTION 6 - MINOR SUBDIVISIONS: Whenever any Minor Subdivision is proposed, and before any contract for the sale of, or any offer to sell any lot in such Subdivision is made, and before any permit for the erection of a structure in such Subdivision shall be granted, the Applicant shall apply in writing for approval of such Subdivision in accordance with this section. Minor Subdivisions shall not require preliminary plat approvals. A. The Applicant shall provide at least 7 copies of a Sketch Plan of the proposed Subdivision and meet informally with the Planning Board to discuss the Sketch Plan and the Subdivision of the property, including the conformity of the plans, to the maximum extent practicable, with this Local Law, zoning requirements, and the Town’s comprehensive plan. The Planning Board shall classify the Subdivision, and if it is a Minor Subdivision the provisions of this section shall apply. B. After such meeting the Applicant may submit a formal application, consisting at a minimum of the following: (i) a SEAF; (ii) an explanation of the manner in which water service and sewer service will be provided, the availability of existing utility services, the manner of access and traffic flows, and conformance with zoning and other requirements; (iii) at least 14 April 20, 2016 16 copies of a draft survey of the affected lots showing the proposed boundary lines therein, and containing such other information as is typical to a professional land survey or as reasonably required by the Planning Board. If there is a potential to disturb more than 2 acres of land as determined by the SMO, then the SMO shall require stormwater review and compliance. If a SWPPP is required it shall be submitted to and approved by the Town prior to approval of the Minor Subdivision. C. The Planning Board shall review the SEAF and classify the action for purposes of SEQRA. If classified as a Type I Action, the Applicant shall promptly submit a FEAF for review. The Planning Board shall be the lead agency for environmental review, unless otherwise determined under SEQRA. The Planning Board shall conduct an environmental review of the proposed action and may make a determination of environmental significance following a requisite hard look at potential environmental impacts and consequences. No approval of any Minor Subdivision shall be made until the SEQRA process is properly concluded. D. The Planning Board shall also review the application and advise the Applicant in writing or by resolution whether the survey and documentation meet the requirements of this Local Law. The Planning Board shall provide in writing its determination of what, if any, modifications are necessary for approval of the Final Plat. The Planning Board may also impose such conditions as may be required to ensure the safe and orderly development or division of land, as permitted by law. E. If modifications are needed the survey shall be modified into a final form and submitted for final review and approval by the Planning Board as the minor subdivision final plat within 180 days of the above-noted determination(s) of the Planning Board, failing which such submission shall be treated as a Sketch Plan by the Planning Board. The “submission date” of the Minor Subdivision final plat is the date when the application for final plat approval is accepted by the Enforcement Officer. An application shall be deemed final when all application materials identified below have been submitted and an environmental determination has been made, unless such environmental determination is to be considered with or at the time of the public hearing: 1. A copy of such covenants or deed restrictions as are intended to cover all or part of the tract. 2. An actual field survey of the boundary lines of the plat, and each lot therein, giving complete descriptive data by bearings and distances as made and certified to by a licensed land surveyor. The corners of the plat shall also be located on the ground and marked by monuments referenced on the final plat. 3. All on-site sanitation and water supply facilities (if any) shall be designed to meet the minimum specification of the Tompkins County Sanitary Code, and a note to this effect shall be stated on the final plat and signed by an officer of the County Health Department. 4. The proposed subdivision name (if any), name of the town and county in which it is located, and a date, north point, map scale, and the name and address of the owner of record and the Applicant shall be listed upon such final plat. 5. Compliance with any conditions imposed by the Planning Board shall be demonstrated upon the final plat or listed specifically upon such final plat as conditions. 6. Compliance with stormwater requirements, any SWPPP, and SPDES permits, if required, shall be demonstrated. F. The Planning Board shall hold a public hearing within 62 days of the filing of the Final Plat in accord with Town Law § 276. G. The Planning Board shall approve, approve with conditions, or deny approval of the Final Plat within 62 days of the close of the public hearing as required by Town Law § 276 (and assuming an EIS is not required). H. Any nonconforming lot shall not be reduced in its area or any dimension through subdivision or otherwise as to increase the amount of nonconformity, and all minor subdivisions shall endeavor, to the extent possible, to eliminate any nonconforming lot(s). SECTION 7 - MAJOR SUBDIVISIONS: Whenever any Major Subdivision is proposed, and before any contract for the sale of, or any offer to sell any lot in such Subdivision is made, and before any permit for the erection of a structure in such Subdivision shall be granted, the Applicant shall apply in writing for approval of such Major Subdivision in accordance with the April 20, 2016 17 applicable provisions of Town Law §§ 276 and 277. Major Subdivisions shall require preliminary plats and preliminary plat approvals. A. The Applicant shall provide at least 7 copies of a Sketch Plan of the proposed Subdivision and meet informally with the Planning Board to discuss the Sketch Plan and the Subdivision of the property, including the conformity of the plans, to the maximum extent practicable, with this Local Law, zoning requirements, and the Town’s comprehensive plan. The Planning Board shall classify the Subdivision, and if it is a Major Subdivision the provisions of this section shall apply. Based upon the potential complexity and si ze of the Subdivision, the amount of Infrastructure and any necessary dedications thereof, the scope of any SEQRA review and the complexity of the SWPPP and compliance with stormwater requirements, the Town Planning Department shall also determine the amount of the initial deposit required to cover the fees and expenses reasonably anticipated to be incurred by the Town in connection with the review of the Subdivision and its environmental and stormwater reviews. The recommended amount shall be then included in an escrow deposit or developer’s agreement and the terms thereof shall be referred to and approved by the Town Board as required by Town Law § 64. B. At or after such meeting the Planning Board may approve, approve with conditions, or deny the Sketch Plan, taking into account the manner in which water service and sewer service will be provided, the availability of existing utility services, the manner of access and traffic flows, and conformance with zoning and other requirements. If the Sketch Plan ge nerally meets the requirement of this Local Law and the Planning Board approves the Sketch Plan, such approval shall be in writing and the Planning Board shall provide a preliminary list of modifications appropriate for the preliminary plat and its review. The Planning Board may also list conditions pertaining to the approval or the improvement of any one or more lots within the Subdivision, and the Planning Board shall also classify the action for purposes of SEQRA. The Planning Board shall be the lead agency for environmental review, unless otherwise determined under SEQRA. C. An application for preliminary plat approval shall be submitted within 180 days after the approval of the Sketch Plan (after said 180 days the Sketch Plan approval expires). The preliminary plat application shall contain the following information or consist of the following documents: 1. Proposed subdivision name, name of the town and county in which it is located, date, true north point, scale, name and address of owner of record, the name of the Applicant, the engineer or surveyor providing the survey and plat (including license number and seal), and the name(s) of all subdivisions immediately adjacent and the name of the owners of record of all such adjacent properties with tax map numbers listed thereupon. The plat shall be or contain an actual field survey of the boundary lines of the tract, giving complete descriptive data by bearings and distances, made and certified to by a licensed land surveyor, and the corners of the tract shall monumented in a manner as approved by the Planning Board and so shown on the plat. If the application covers only a part of the Applicant’s lands, a map of the entire tract drawn at a scale of not less than 1:4,800 showing an outline of the platted area with its proposed streets, an indication of the probable future street system, with grades and drainage in the remaining portion of the tract, and a probable future drainage layout of the entire tract. Mapping shall also display contours with intervals of 10’ (or less, as required by the Planning Board), including elevations on existing roads and approximate grading plans if natural contours are to be changed by more than 2’ in any areas. A minimum of 14 copies of any plat map shall be submitted as part of the application. 2. An analysis of existing soils, any potential or existing permanent or intermittent wetlands, any flood plains or intermittently flooded areas, whether any environmental spill reports or hazardous materials are known to exist or have migrated onto the site, and a statement as to the depth to bedrock and any known seasonal or other water tables and aquifers. 3. Special, benefit, or development district information (such as the Consolidated Water District), including exact boundaries of any existing districts, the proposed boundaries of district expansions or extensions, or the boundaries of proposed new districts, together with any special regulations or improvements needed to connect to, establish, or properly serve the Subdivision with district services. Also including the location of sewer and water mains and related infrastructure. 4. All parcels of land proposed to be dedicated to public use and the purposes of each such dedication, together with identification of any lands proposed to remain as open spaces or serve public purposes even if not dedicated, such as playgrounds and private recreational facilities. April 20, 2016 18 5. Locations of existing property lines, easements, buildings, water courses, marshes, rock outcrops, wooded areas, single trees with a diameter of 8” or more as measured 3’ above the base of the trunk, and other significant natural existing features of the proposed Subdivision. 6. Locations of existing drain sewers, culverts, swales, watercourses, waterbodies, and other drainage areas on the property, with a description of applicable piping or culvert sizes, grades, and directions of water or drainage flows. Also including a stormwater and drainage plan indicating the approximate location and size of facilities to manage or treat stormwater, including connections to existing drainage ways or facilities or alternate means of disposal and stormwater management, and including a completed stormwater assessment or SWPPP (if required). 7. The width and location of any existing streets or public ways, together with all dimensions for any proposed roads (including width, location, grades, profiles, etc.) and information as to the type of road and any dedication of any public highways or other Infrastructure or improvements. Also including plans and cross-sections showing the proposed location and types of trails, pathways or sidewalks, street lighting standards, street trees, curbs, and storm drains, and the size and type thereof, each if and as applicable, together with the character, width, and depth of pavements and subbases thereof and the location of manholes, basins, and underground conduits, and including preliminary designs of any bridges or culverts which may be required. 8. A copy of any covenants or deed restrictions intended to cover all or part of the tract. 9. A SEAF or FEAF with Part 1 filled in, and an Agricultural Data Statement, if required. 10. If to be completed in phases or approved in sections, a statement defining and describing each such phase and its proposed timing, or such section(s) and the reasons supporting approval in sections. 11. A preliminary plat application fee for major subdivisions. D. The provisions of Town Law § 276(5) govern the basic procedures for approval of preliminary plats and the coordination of Planning Board review with SEQRA, and the date of submission shall be the date that the Planning Board receives all required documentation to conduct a review. Town Law shall be controlling except as expressly altered by this Local Law and a public hearing shall be required for the approval of a preliminary plat. If the final plat is not in substantial accord with the preliminary plat, then a public hearing shall also be required for the final plat, as required under Town Law. In connection with any public hearing all Persons owning land within 600’ of the boundary of any lot proposed to be subdivided shall be given mailed notice of the public hearing. The determination of which Persons are entitled to notification shall be based upon the land ownership records of the Tompkins County Assessment Office. E. The Planning Board shall promptly refer the Preliminary Plat and the FEAF or SEAF to the County Planning Department in compliance with General Municipal Law §§ 239-l, et seq. In addition, the Planning Board shall refer the Preliminary Plat to the Town Board for a review of the roads and Infrastructure, particularly if dedication is to be considered, so as to assure compliance with Town specifications, planning, and requirements. F. If the Subdivision is also located within, partially in, or near a designated Agricultural District, any applicable requirements of the Agriculture and Markets Law shall apply, together with any rules or regulations of the New York State Commissioner of Agricult ure, including the obligation of the Applicant to file an Agricultural Data Statement and to submit, if required, a Notice of Intent. G. At and after the public hearing, the Planning Board shall study the practicability of the preliminary plat, taking into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to the arrangement, location, and width of streets, their relation to the topography of the land, water supply, sewage dis posal, drainage, lot sizes and arrangement, the location of existing trees and other natural features, the presence of historic buildings and sites, the future development of adjoining lands as yet not subdivided, and the requirements of the zoning ordinance and the Town’s comprehensive plan. In addition, any nonconforming lot shall not be reduced in its area or any dimension through subdivision or otherwise as to increase the amount of nonconformity, and all major subdivisions shall endeavor, to the extent possible, to eliminate any nonconforming lot(s). H. As part of the public hearing or otherwise, the Planning Board shall conduct an environmental review of the proposed action and may make a determination of environmental April 20, 2016 19 significance following a requisite hard look at potential environmental impacts and consequences. No approval of any Major Subdivision or any preliminary or final plat shall be made until the SEQRA process is properly concluded. I. Within 62 days after the close of the public hearing, and after the conclusion of the environmental review, the Planning Board shall approve, approve with modifications, or disapprove the preliminary plat. The grounds for modifications, if any, or the grounds for disapproval, shall be stated in records of the Planning Board. The time in which the Planning Board must take action on such plat may be extended by mutual consent of the Applicant and the Planning Board. When approving a preliminary plat the Planning Board shall state in writing the conditions, if any, it deems necessary for submission of the Plat in final form. An approval of a preliminary plat shall not constitute approval of the final subdivision plat, as it is only an expression of approval of the design submitted on the preliminary plat as a guide to the preparation of the final plat. J. Once a preliminary plat approval is issued the Applicant, upon implementation of modifications and compliance with any conditions, may submit an application for review of the final plat. Such submission must be made within 180 days of the date of approval of the preliminary plat, and if this deadline is not met the preliminary plat approval expires and shall automatically be deemed revoked without need of any formal action by the Town. The provisions of Town Law § 276(6) govern the procedures for approval of a final plat and the Applicant shall be required to submit at least 14 copies of the proposed final plat. K. The Planning Board shall review the Final Plat and by resolution set forth the grounds for its action on the Final Plat. If the Final Plat does not contain the approvals of all other governmental agencies having jurisdiction over the Subdivision (such as the Tompkins County Health Department) the Planning Board may grant conditional approval of a Final P lat. In granting such conditional approval the Planning Board shall specify the requirements which, when completed, will authorize the signing of the final plat. The application fee for final plat review shall be paid at the time the final plat is filed. In addition, the following requirements apply to all final plats for Major Subdivisions: 1. All proposed Final Plats shall be prepared, signed, and sealed by a land surveyor or engineer duly licensed in the State of New York, and surveying shall show the exact boundary lines of the tract to be subdivided, all lot lines and dimensions to the nearest one - hundredth of a foot, all angles to the nearest one-half minute (if required) and all bearings, and the area of each lot to the nearest hundredth of an acre. 2. The Final Plat shall conform substantially to the approved preliminary plat, taking into account any modifications and conditions imposed or required by the Planning Board. Final plats that do not substantially conform to approved preliminar y plats, shall, in the discretion of the Planning Board taking into account the degree and significance of non-conformance, require either a further public hearing to review the final plat or the re-submission of the application and plat as a preliminary plat. 3. Final roadway drawings and cross-sectional drawings, surveys thereupon and therefor, and construction specifications shall be provided that show: (i) all right-of-way lines with center lines showing angles of deflection; (ii) angles of intersection; (iii) curve radii; (iv) lengths of tangents and arcs; and (v) degrees of curvature, with the basis of curve data. Lengths and distances shall be to the nearest one-hundredth foot and angles shall be to the nearest half-minute. All new road names shall be recommended by the Planning Board, and approved by the Town Board in coordination with County 911. All roads, public or private, shall be extended to the boundaries of the Subdivision to facilitate connections to potential future roads and access ways. 4. A completed Stormwater Pollution Prevention Plan that is consistent with the Town’s Local Laws for Stormwater and Erosion Control and approved by the SMO and the Town’s engineering consultant shall be supplied in final form, together with any proposed easements, in a form as approved by Town counsel, to be dedicated in connection therewith, whether to the Town or any drainage district. 5. The Applicant shall provide all necessary, required, or requested approvals from the New York State or the Tompkins County Health Department relative to the proposed water supplies and sewage disposal systems to be used in the Subdivision, and the seal thereof shall be endorsed upon the proposed final plat. 6. When connection to an existing public water or sewer system is proposed, construction details showing the following items shall be included: (i) the location, size, invert elevations, April 20, 2016 20 type, and class of pipes on all sanitary and storm sewers and manholes; (ii) the location, sizes, and type of pipes for all water mains; (iii) the location of all valves, hydrants, blowoffs, etc.; (iv) the profiles with detailed information on all storm sewers, sanitary sewers and water main crossings. All such details, drawings, specifications, and plans shall conform to Town requirements and shall be subject to the approval of the Town’s engineer. 7. Accurate pre-construction and post-construction-as-built surveys and layouts of all property that is to be offered for dedication for public use, with the purpose indicated thereon, or to be held in private ownership but permanently dedicated for recreation or open space use, shall be provided to the Town (5 copies are required). Additionally, all deed covenants, legal agreements, or other easements or restrictions that legally create or dedicate such public use or rights of use shall be supplied in a form as approved by the Town Board. 8. Construction details for sidewalks, street lighting, pathways, playgrounds, sidewalks, driveways, and fire protection, as required, shall be provided. All such details are subject to the approval of the Town’s engineer, or other designated official, as appropriate. Access points, curb cuts, and driveways of all types shall be designed to provide safe access to roads, with adequate line-of-sight distances. 9. The location, dimensions, and purposes of all easements and rights -of-way proposed by the Applicant or required by the Planning Board shall be supplied. All such easements and rights-of-way are subject to the approval of the Town’s attorney, or ot her designated official, as applicable. 10. The final form of all covenants or deed restrictions that will be applied to the Subdivision or any lot shall be supplied. Such covenants and restrictions are subject to the approval of the Town Board. 11. The Applicant shall provide, and the Planning Board shall require as a final plat condition that the Applicant shall file with the Town Clerk, certified “as built” plans of all public utilities and roads within the Subdivision. Information to be shown on the “as built” plan shall be in accordance with requirements of the Town’s engineer. L. Formal offers of cession to, or dedications of, the Town of all roads, streets, rails, sidewalks, recreation areas, or open spaces that are proposed to be public property, in a form acceptable to the Town Board, are required. However, the mere act of offering dedication or making an offer of cessation shall not create any presumption that the Town has accepted the same. All such offers are non-revocable (or, if expressly agreed or declared revocable, then irrevocable for 360 days after the filing of the final plat with the County Clerk’s Office), and each such street, recreation area, or open space, etc., shown on the final subdivision plat shall be deemed to be private until such time as each of the same have been formally accepted by the Town. The Applicant shall, for all lots or areas marked for future use or dedication, provide to the Town title documents and conveyances of title or rights-of-way or easements, as applicable or required, in a form acceptable to the Town’s attorney, together with such tax searches, abstracts, resolutions, or other documents as such attorney may reasonably require to verify good title. M. No plat, map, survey, sketch plan, drawing, or like document that shows or displays any subdivision of land shall be accepted for filing by the County Clerk unless it has been duly approved and endorsed by the Chair of the Planning Board (or other designated public official). No Person may rely upon any unendorsed plat, survey, map, sketch plan, drawing, or like document for any reason, and each such unendorsed document shall be invalid. Further, nothing but a final plat may be endorsed. Endorsed Final Plats must be filed by the Applicant with the Planning Board, the County Assessor, and the County Clerk within 62 days of endorsement (or default approval under Town Law § 276(8)). The Applicant shall notify the Enforcement Officer in writing when the final plat has been filed with the County Clerk, and all original filed documents, together with the County Clerk’s filing and indexing receipt(s), shall be returned to the Town. N. No final plat or related document shall be altered or revised after it has been approved, conditionally approved, certified, sealed or endorsed. Any such alterations or revisions shall be and remain invalid, null and void. O. The Town shall not issue any building permits for any construction in any Subdivision unless the Subdivision has been duly approved and the final plat sealed an d filed, the final plat has not been the subject of rescission or had its approval invalidated for any reason, and there is compliance with the requirements of law, including Town Law § 280-a. April 20, 2016 21 P. In the event an Applicant or Applicant elects to seek review of or construct a Subdivision in phases, or to approve a plat in sections, each phase and each section shall be separately submitted for Final Plat approval, and each phase and each section shall be substantially completed (or have approved and accepted performance guarantees for completion) within 2 years from the date of final plat approval. Phases or sections that do not comply with this requirement may, by resolution of the Planning Board, with the concurrence of the Town Board, have the final plat approval withdrawn and cancelled. In such cases, the Applicant shall begin the Subdivision approval process anew. Each subsequent phase and section shall be reviewed under and pursuant to the then current Town requirements at the time the subsequent phase or section is submitted. If any subsequent phase or section is submitted for approval more than 2 years after any prior final plat approval for the phase or section which it preceded, the Planning Board may require that the prior preliminary plat be re-submitted for review as if the prior approval of the preliminary plat had not occurred. Q. An amendment to any endorsed and filed final plat may only be allowed for good cause, and any such amendment that proposes any further Subdivision or the creation of any new lot(s) shall be classified as a Major Subdivision. Otherwise, any amendment shall, if significant, be subject to public hearings and environmental reviews as required by law. SECTION 8 - CONSERVATION SUBDIVISIONS: A. Whenever any Subdivision of land in a Conservation Subdivision is proposed, and before any contract for the sale of, or any offer to sell any lot in such Subdivision is made, and before any permit for the erection of a structure in such Subdivision shall be granted, the Applicant shall apply in writing for approval of such Subdivision in accordance with the applicable provisions of this section of this Local Law and Town Law §§ 276 through 279, inclusive. Conservation Subdivisions are allowed in all zoning districts where residences are allowed and they shall be considered cluster developments per Town Law § 278. B. Conservation Subdivisions shall be designed using Conservation Design Mapping as a resource, but such Conservation Design Mapping data shall not be controlling, is but one factor the Planning Board may consider, and may be disregarded by the Planning Board in its discretion. The procedures for review of a Conservation Subdivision shall be the same as for a Major Subdivision, except as specifically modified by the provisions of this section. The Planning Board may approve a Conservation Subdivision upon only a portion of a parent parcel if Conservation Design Mapping is provided for the entire parcel. Where suitable, the Planning Board may require the conservation of buffer and open space areas in the balance of the parent parcel to achieve the design and clustering standards of a Conservation Subdivision, including as to help buffer any areas of increased density or use and to anticipate future development of neighboring lands or the balance of the parent lot as Conservation Subdivisions or as more traditional land divisions. C. The total number of residential dwellings or units in a Conservation Subdivision may not exceed the density allowed by the underlying zoning regulations, including due to frontage or dimensional standards, and this number may not be varied or increased by variance or waiver procedures. Nor does cluster development allow any land not permitted by zoning. D. Other than as required by the Tompkins County Sanitary Code, there shall be no minimum lot size in a Conservation Subdivision. The Planning Board shall determine appropriate lot sizes in the course of its review of a Conservation Subdivision. Where a proposed lot abuts an existing residence lot a suitable buffer area may be required by the Planning Board. This buffer shall be at least the same as the minimum rear or side yard setbacks in the zoning district in which the existing residence is located. However, the Applicant may propose all other dimens ional requirements for the Conservation Subdivision lots, including setbacks. E. In order to facilitate and permit a clustered lot configurations wells and septic systems may be located in areas of protected open space if there are easements or other rights or means to assure maintenance of these facilities and Infrastructure. Shared septic systems or wells may be utilized with approval of the agencies having jurisdiction over the same, and shared driveways in accordance with the standards set forth herein or by Town or County Highway Departments are encouraged. Proposed roads (public or private) and common driveways within a Conservation Subdivision shall be designed and constructed to ensure their suitability for access to the lots based on projected traffic, terrain and other relevant safety factors. The design of such roads and common driveways shall be approved by the Planning Board and the Town’s Highway Superintendent, and easements or covenants shall ensure the future maintenance of any such private Infrastructure, whether by cost sharing, homeowners’ associations, on site management, improvement districts, or other like means and methods as approved by the Town. April 20, 2016 22 F. Conservation Subdivisions shall provide for an open space management plan, and allowing fields to remain fields with cutting only once or twice a year, similar to conservation reserve program field operations, may be a sufficient plan. The Applicant shall consider or propose easements, land rights or title transfers, covenants, and other means by which to protect and manage the open spaces and conservation values identified for such Conservation Subdivision. SECTION 9 - EXPIRED PLATS AND APPROVALS: In addition to any other provisions of law governing the expiration of subdivision approvals a subdivision approval will also terminate under the following circumstances: A. If the proposed subdivision requires construction of any Infrastructure and within 3 years of the date the Planning Board issued an approval of the final plat the owner or developer fails to commence material work and diligently pursue the same to completion, then the subdivision approval(s) (both the final plat and the preliminary plat) shall expire and the permissible uses and construction on the property shall revert to those that would otherwise be in effect in the absence of such subdivision approval unless, during such 3 years, at least 20% of the lots have been sold and deeds reflecting such transfers are duly recorded in the Tompkins County Clerk’s Office. Notwithstanding the foregoing, if final subdivision approval was granted prior to December 1, 2015, the time for work to materially commence or such lots to be sold shall be extended to December 1, 2018. B. If the proposed Subdivision does not require the construction of any Infrastructure the Subdivision approval (both final and preliminary) shall expire within the time limits set forth above with the consequences set forth above and subject to the ability to obtain extensions as set forth below, unless at least one lot of the subdivision has been transferred. C. For the purposes of this section work will not have “materially commenced” unless, at a minimum: (i) a building or roadway permit, if required, has been obtained for at least one structure in the Subdivision; and (ii) construction equipment and tools consistent with the size of the proposed work have been brought to and been used on the site; and (iii) significant construction of roads or utilities, or significant framing, erection, or construction of a material structure, has been started and is being diligently pursued. In addition, if such 3 years has passed and construction has been materially commenced and diligent completion is stopped or the completion of all Infrastructure is not completed within 6 years of such final approval, then the Subdivision approvals shall likewise terminate as to any non-transferred lots, and the future transfer or sale of the same shall be allowed only upon approval of a new Subdivision application. D. For the purposes of this section lots will not have been “sold” or “transferred” unless: (i) conveyed by a deed, duly executed and recorded in the Tompkins County Clerk’s Office; to (ii) a Person unrelated and not affiliated with the Applicant (or then current owner or devel oper); and (iii) the transfer or sale is a good faith, arms-length transaction for fair value transferring title to such third parties. The unrelated or non-affiliated third party rule referenced in this subsection will not apply where a sale is to a relative for less than fair value in accordance with circumstances related to the Planning Board as part of the Subdivision review and approval (e.g., a Subdivision where the intention is to convey a lot to a relative or to convey a lot to an adjacent landowner for less than full value). E. The Planning Board, upon the request of the owner or Applicant, and after a public hearing, may extend the time limits for such additional periods upon such conditions as the Planning Board may reasonably determine. An application for such extension may be made at no later than six months after the expiration of the time limits set forth above. The Planning Board shall grant the request for such extension if the Board finds: (i) the imposition of the time limits set forth above would create significant hardship; and (ii) there has not been a significant change in zoning, subdivision, engineering, stormwater, environmental, or other relevant review requirements or standards since the initial approval or any subsequently granted extensions. For the purposes of this subsection a “significant hardship” includes, but is not limited to: (i) a significant economic loss that the Applicant would suffer if an extension were not granted; or (ii) an owner or Applicant suffers an inability to timely proceed because of a generally adverse economic climate, the owner or Applicant suffers a personal financial crises that detrimentally affect the ability to proceed, or there has been a significant adverse event or events in the personal affairs of the owner or Applicant. F. In the event of any termination of Subdivision approval(s) pursuant to these provisions the Code Enforcement Officer shall cause a notice of such termination to be either delivered personally to the Applicant and owner, or forwarded by certified mail, return receipt requested, to the Applicant and owner at the last address for the Applicant on file at the Town or at the County Assessment Office. Such notice shall include an affidavit of service (personally or by mail) and April 20, 2016 23 such notice shall be recorded in the Tompkins County Clerk’s Office and indexed to the applicable lands. The Town shall have no liability for any such filing made in good faith. Any Applicant or owner who believes the termination of approval is not warranted may file an application for a hearing before the Planning Board. Such application shall be filed within 30 days of the delivery of the notice referred to above (for this purpose “delivery” shall be deemed to occur on the date the notice is personally delivered or the day it is delivered to the postal service for mailing). The Planning Board shall hold a public hearing thereupon within 60 days of receipt of such application, on at least five days prior notice given in the same manner as required for subdivision approvals. The burden of establishing that the approval should not be terminated shall rest upon the Applicant. If the Planning Board determines that the approval was improperly terminated, it shall render a decision so stating and shall cause a notice to that effect to be forwarded to the Tompkins County Clerk’s Office for recording indexing the same property as the prior notice which it shall rescind. Any determination of the Planning Board regarding such termination may be reviewed by a proceeding brought pursuant to Article 78 of the Civil Practice Law and Rules. Such proceeding shall be commenced no later than 30 days after the decision being reviewed has been filed by the Planning Board. G. Nothing in this section is intended to alter the effect of Town Law § 265-a on lots in a Subdivision when zoning is changed to increase lot sizes or other requirements thereby render an existing Subdivision’s lots nonconforming. SECTION 10 - DEVELOPMENT AND DESIGN STANDARDS: The purpose of this section is to establish basic design principles and minimum standards that should be applied to all Exempt Subdivisions, Minor Subdivisions, and Major Subdivisions in the Town. These principles and standards are intended to promote and ensure sound, consistent, efficient, and safe long-range development throughout the Town. A. Subdivisions and Subdivision plats shall be designed so as to promote efficient and beneficial land development patterns within the Town. Plats shall conform to the proposals and conditions shown on the Comprehensive Plan and official map of the Town. Roads, drainage ways, rights-of-way, school sites, public playgrounds, and open spaces shown on any Comprehensive Plan of the Town shall be considered in review of Subdivisions. B. Lot sizes shall conform, at a minimum, to the lot sizes required in the applicable zoning classifications and location in which the Subdivision is located, and Schedule II of the Land Use Ordinance is hereby referenced as containing the density, bulk, and dimensional requir ements for lots in the Town. Said Schedule II is appended as Appendix B hereto for convenience only, and as Schedule II or the Land Use Ordinance changes, the lot requirements as so amended shall be controlling as to land division and subdivisions. Flag Lots are neither encouraged nor discouraged as, like any other lot or lot shape, they may in a given context or area possess positive or negative characteristics. However, and generally, 3 or more close or contiguous Flag Lots should be avoided due to driveway, curb cut, culvert, and traffic impacts. Shared driveways shall be encouraged where appropriate to avoid the negative impacts of Flag Lots. In all cases, however, Flag Lots may not be designed, used, or planned to partly or to wholly avoid the building of proper public or private roads; nor to avoid any other infrastructure or requirements of or for Subdivisions within the Town. C. As noted, all Exempt Subdivisions, Minor Subdivisions, and Major Subdivisions containing any nonconforming lot shall not reduce such lot in its area or in any dimension, whether through subdivision or otherwise, so as to increase the amount of nonconformity, and all such subdivisions shall endeavor, to the extent possible, to eliminate any nonconforming lot(s). Conservation Subdivisions may create exceptions to zoning bulk and dimensional standards, when and as warranted for good cause consistent with public health and safety to promote the public goals of conservation subdivisions and clustering, but in general no nonconforming lot should be increased in its degree of nonconformance, nonconforming lots are not encouraged, and the elimination of nonconforming lots is strongly encouraged. If there are so many changes to zoning bulk and dimensional standards required, then the applicant should consider a zoning change, such as through the planned development area process. D. Roads shall be built in accordance with the current requirements of the Town Highway Department. The layout of new roads, public or private, shall be designed to provide for the appropriate extension of existing roads and utilities, and shall take into consideration topography, drainage, views, public convenience and safety, and the proposed uses of the land to be served by such roads. All roads shall require the permanent dedication of easements, in a form approved by the Town, so as to permit utilities and related appurtenances and Infrastructure to be provided for the benefit of each lot and adjacent owners. Roads shall also be designed and built to meet the following general goals: April 20, 2016 24 1. Roads whose primary function is to provide access to abutting residential property shall be designed to discourage through traffic, and Subdivisions that abut primary and county roads shall be designed to provide an adjacent service road, or reverse frontage, or to otherwise minimize the number of lots that will require direct access to said primary or county roads. 2. Road right-of-way widths shall not be less than 60 feet. Those Roads that are designated in the Comprehensive Plan as primary roads shall have a 75-foot right-of-way to accommodate future widening, walkways, and utilities. 3. Road grades shall not exceed 10% for primary roads, and 12% for secondary and local roads. Except as may be necessary at the bottom or crest of a vertical curve, no road shall have a grade less than 0.5%. Horizontal and vertical curves shall be designed with a minimum radius of 150 feet to provide a safe sight distances. 4. Permanent dead-end roads shall be no longer than 10 times the narrowest frontage of lots along such dead-end Road. All permanent dead-end Roads shall provide a turnaround at the end with a pavement radius or design that meets current Town specifications. The distance from the edge of pavement to the right-of-way shall be no less than 15 feet. Alternative designs for a turnaround that are equally effective may be considered by the Planning Board. Roads that may be continued at a later date shall provide a temporary turnaround. 5. Any continuation of an existing road shall have the same name and, to the extent possible, continuations of existing roads shall be of the same width, design, and construction parameters as the existing road. 6. All Roads shall intersect as nearly at right angles as possible, and in no case shall they intersect at an angle of less than 60º. Road grades at intersections shall not exceed 5% for a distance of 80’ from the center of the intersection. The intersections of local roads with primary roads shall be kept to a minimum in Subdivision design so that hazards and delays to traffic movement on the primary roads can be reduced. Turning lanes shall be provided when determined to be necessary by the Planning Board. 7. Again, Flag Lots may not be used to partially or wholly avoid any need, requirement, or obligation to build or provide suitable ingress, egress, or public or private roads. E. Insofar as possible all proposed Subdivisions shall be designed to allow for future access to adjacent properties and to roads in adjacent Subdivisions. When a djacent land is undeveloped the Planning Board shall require the building of all Subdivision roads to the property lines. When this is not possible or feasible the Planning Board may require the establishment of permanent rights-of-way to allow for future connections to such adjacent properties. F. The size and shape of blocks shall be determined on the basis of convenient pedestrian and vehicular traffic, circulation, control, safety, and a pleasing physical design. Block lengths should not exceed 1,500’ nor be under 400 feet’ and should take into account topography, traffic control and safety, and the provision of utilities and public services. Side lot lines should be perpendicular or radial to road lines. Double frontage lots and lots with extreme lot depth (3 or 4 times width) should be avoided if possible. Corner lots should have extra width to permit front yard setbacks from both streets. Where there is a question as to the suitability of a lot for its intended use due to factors such as slope, rock formations, flooding conditions, sight distances, being a Flag Lot, etc., the Planning Board may require modification of the design of such lot. G. All natural features such as trees, streams, hilltops, and views shall be preserved whenever possible in designing and laying out any Subdivision. The Planning Board may require changes in the layout to assure that natural features will be preserved, undisturbed, or incorporated into the Plat or design. Where a Subdivision contains a pond or stream that is not a designated wetland, the natural flow and course of drainage or any waterbody shall be preserved unless the Planning Board determines that realignment will enhance the Subdivision without adverse impacts to adjoining properties, the environment, and flora and fauna. Land subject to serious or regular flooding shall not be subdivided for residential occupancy or for any other use that may increase danger to life or property or that may aggravate the flood hazard. Such land may be used, however, for such uses, or in such a way, that the flood danger to the property and other upstream or downstream properties will not be increased, and periodic or occasional inundation will not be a threat to life or property. H. Wherever possible, electrical, communications, and utility services shall be located underground or along rear property lines. In areas where public water and sewer lines exist, the Applicant shall install all necessary lines and connections as required and approved by the April 20, 2016 25 Town’s engineer. Installation of water and sewer lines may be required in areas where water or sewer districts have been established or where the Planning Board has determined that such districts can reasonably be expected. If a Subdivision is located in an existing or proposed wat er district, the Applicant shall install fire hydrants no more than 400-600 feet apart, at every intersection, or as otherwise specified by the Town’s engineer. I. All drainage improvements shall be constructed in accordance with sound engineering principles and, where required, an approved SWPPP. J. All road signs shall be provided and installed by the Town at the Applicant’s expense upon approval of the Town Highway Superintendent. K. Land shall be reserved for parks, playgrounds, open spaces, or other recreational purposes, in all locations so designated in the Town Comprehensive Plan, or elsewhere when the Planning Board deems that such reservation would be appropriate. Such reservation shall be of an area equal to approximately 5% of the gross area of the Subdivision. Land reserved for recreation purposes shall have physical characteristics suitable for such intended purpose and it shall be suitably improved by the developer or Applicant to appropriately serve its intended purpose(s). If the reservation of land for recreation or open space purposes is deemed necessary but the available lands are deemed unsuitable by the Planning Board, or the Town Board declines to approve or accept such proposed dedicated or reserved land, the Applicant shall make a payment in lieu of land in accordance with the Fee Schedule, with such funds to be used for the acquisition or upkeep of park, recreation, and open space facilities in the Town. SECTION 11 - IMPROVEMENTS & INFRASTRUCTURE: A. Before the Planning Board grants final approval of any final plat, the Applicant shall provide a Performance Guarantee in an amount set by the Planning Department Staff for the full cost of the required improvements and Infrastructure, and the amount and form of the Performance Guarantee shall be approved by the Town Board. Alternately, the Applicant may complete all required improvements to the satisfaction of the Town and stipulate in writing that no building permits or certificates of occupancy may be issued unless required improvements and Infrastructure have first been timely completed. If the Applicant commences installation of the improvements but has or will not complete them, the Applicant may still opt to thereafter proceed by posting a Performance Guarantee. B. In all cases, the required improvements and Infrastructure shall not be considered to be completed until properly inspected and “as built” and “where built” surveys, diagrams, and maps, as applicable, are filed with the Town, including surveys mapping actual road locations, the locations of all underground utilities, and the location of all monuments as actually installed. Permanent monuments (1-1/2" galvanized pipe, 1" iron pins, or their equal, each being a minimum of 36" long) shall be set at all block corners or, if no complete blocks are involved, at each corner of the Subdivision. Each corner of each lot in the Subdivision shall also be marked by iron pipes or pins. C. No new road, Infrastructure, recreation area, easement, or other proposed public space shown in any Subdivision or upon on an approved final plat shall become Town property until formally accepted by the Town Board. Prior to final acceptance of roads or utilities the Highway Superintendent and Town Engineer shall determine that all public utilities, roads, and required improvements have been completed in accordance with the approved plans and specifications and applicable requirements and regulations. SECTION 12 – VARIANCES, WAIVERS AND MODIFICATIONS: A. Where the Planning Board finds that due to the special circumstances of a particular application or case a waiver of certain requirements or procedures is justified, a waiver may be granted. In all cases, no waiver shall be granted unless the Planning Board finds and records in its minutes that: (i) granting the waiver would be keeping with the intent and spirit of this Local Law, and is in the best interests of the community; (ii) there is no adverse effect upon the character, appearance, or welfare of any neighborhood or the environment; (iii) there are special circumstances involved in the particular case; (iv) denying the waiver would result in undue hardship, provided that such hardship has not been self-imposed; and (v) the waiver is the minimum necessary degree of variation from the requirements of this Local Law. B. When the Planning Board finds that due to the special circumstances of a particular area the provision of certain required improvements or Infrastructure is not necessary or in the interest of public health, safety, and general welfare, or is inappropriate due to the inadequacy or lack of existing or proposed connecting facilities in the area of a proposed Subdivision, the Planning April 20, 2016 26 Board may waive such requirements subject to such appropriate conditions as it may wish to impose. C. All variances shall be exclusively within the jurisdiction of the Zoning Board of Appeals and nothing in this Local Law is intended to supersede, abridge, or vary the requirements of Town law §§ 267, 267-a and 267-b. D. It is not the intent of this Local Law to effect uniformity or standardization in the development of Subdivisions in the Town. When imaginative and beneficial design concepts are proposed by an Applicant the Planning Board may grant waivers to permit the accomplishment of such concepts as long as such waivers do not violate any other applicable laws or regulations. E. No waiver shall exempt or alter the requirements of SEQRA or the Town’s Stormwater laws and requirements. SECTION 13 - VIOLATIONS AND PENALTIES: Each and all remedies and rights provided to the Town under this section shall be cumulative and the Town’s pursuit of any one right or remedy does not effect a waiver or an election of remedies, and the Town may thereafter pursue or continue to pursue any other right or remedy it may have in law, equity, or in admiralty. The rights and remedies herein stated are not the exclusive rights and remedies of the Town. The violation of this Local Law shall permit enforcement in any one or more of the following manners: A. When any term, provision, or requirement of this Local Law is violated the Enforcement Officer may issue a written notice of violation to the Applicant (or other Person in violation hereof). The notice of violation shall contain; (i) the name and address of the Person alleged to have violated this Local Law; (ii) the address, when available, or a description of the building, structure or parcel upon which the violation occurred or is occurring; (iii) a brief statement specifying the nature of the violation; (iv) a statement of the fine or penalty that may or could be assessed against any Person to whom the notice of violation is directed; and (v) a clear statement identifying whether the notice commences or may commence a civil or criminal proceeding. The failure to comply with a written notice of violation by correcting the violation is in itself a separate violation of this Local Law and may be further enforced as such. B. The Enforcement Officer may issue stop work orders for violations of this Local Law. Any Person receiving a stop work order shall be required to halt all clearing, grading, and construction until the Enforcement Officer or a court of competent jurisdiction allows work to re - commence. C. Town may also maintain actions or proceedings in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision or requirement of this Local Law. D. This Local Law may be enforced civilly or criminally by seeking fines, penalties, and like punishments to deter future violations and sanction offenders, and the following civil and criminal fines and penalties shall apply to any violation of the requirements or terms of this Local Law: 1. For a first offense, any Person that violates any of the provisions of this Local Law shall be (i) guilty of a violation and subject to a fine of not more than $500, or (ii) subject to a civil penalty of not more than $500 to be recovered by the Town in a civil action. Every such Person shall be deemed guilty of a separate offense for each week that such violation, disobedience, omission, neglect or refusal shall continue. Similarly, a separate civil penalty shall apply and be assessable for each week that such violation, disobedience, omission, neglect or refusal shall continue. 2. For a second offense, being any violation that is found to have occurred within 2 years of any prior civil or criminal determination of any violation of this Local Law, a Person shall be (i) guilty of an unclassified misdemeanor and subject to a fine of not more than $2,500, or (2) subject to a civil penalty of not more than $2,500 to be recovered by the Town in a civil action. Every such Person shall be deemed guilty of a separate unclassified misdemeanor for each week that such violation, disobedience, omission, neglect, or refusal shall continue. Similarly, a separate civil penalty shall apply and be assessable for each week that such violation, disobedience, omission, neglect, or refusal shall continue. All provisions of New York law and process generally applicable to misdemeanors shall apply to any criminal proceeding brought upon any violations of this Local Law, including for purposes of jurisdiction. April 20, 2016 27 E. Upon any violation of this Local Law by an Applicant or any Person, the Enforcement Officer may decline and refuse to issue any approvals, endorsements, certifications, building permits, certificates of occupancy, certificates of compliance, and any similar or other document or approval until the Applicant or Person rectifies and cures such violation. F. Any Person violating this Local Law may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town may take necessary corrective action, the cost of which shall become a lien upon the property until paid. In addition, the Town may commence any one or more civil proceedings in the Town Court, or any other court or tribunal of competent jurisdiction, to recover the costs o f such restoration. SECTION 14 - SAVINGS: If any provision of this Local Law, whether as written or applied, shall be adjudged by any court or tribunal of competent jurisdiction to be invalid or unenforceable, such judgment or determination shall not affect, impair or invalidate the remainder of this Local Law and shall be confined in its operation and interpretation only to the circumstances, Persons, and provisions of this Local Law directly involved in the controversy in which such judgment or determination shall have been rendered, and such invalidity or unenforceability shall not be applied to other Persons or circumstances. If such provision may not be so saved then it shall be deemed severed from this Local Law and the balance hereof shall survive. SECTION 15 - LIMITATION UPON TOWN LIABILITY: The Town, and its officers, employees, and agents shall not be liable or responsible for any injuries to Persons or damages to property due to the Town’s actions, or failures to act, under or pursuant to this Local Law unless it is proven to a reasonable degree of certainty that such injury or damage was a primary cause of such injury, loss, or damage and was principally caused by a willful or intentional act of the Town, its officers and agents. This provision shall be construed and applied to the maximum extent permitted by law, does not waive any sovereign or governmental immunity of the Town, and does not create any theory or claim of liability where none exists at law or in equity. SECTION 16 - FEES & EXPENSES: Any fees referenced in this Local Law may be set and periodically updated by the Town Board by resolution. Without limiting the requirements of this Local Law, fee schedules may be developed for Subdivision and permit applications, their review or renewal, any related amendments, inspections, approvals and reviews by the Town and its agents, including title reviews, roadway inspections reviews and dedications, SEQRA reviews, stormwater review, and any other incurred expense of the Town; subject only the rule that such expense or fee be reasonable and lawfully chargeable to the Person charged by law. All such fees shall be reasonably determined in accord with law and periodically reviewed by the Town Board to assure reasonableness and legality. Whenever the Town incurs any expenses in relation to any application, review, or approval or permit issuance process, such as but not limited to, postage, publication, photocopying, or consulting (including legal and engineering consulting), the reasonable cost of such expenses shall be reimbursed to the Town by the Applicant when permitted by law, including pursuant to the federal, state, and local laws and regulations pertaining to environmental and stormwater review. SECTION 17 - ARTICLE 78: Any Person aggrieved by any decision or determination of the Town may have said decision or determination reviewed by the Supreme Court in the manner provided by Article 78 of the Civil Practice Law and Rules. This provision shall not, however, expand the jurisdiction, scope, or applicability of said Article 78, create a right of standing where such right does not otherwise exist, or waive any claims, rights, or defenses the Town may have regarding questions of law or fact pertaining to the judicial and legal concepts of ri peness, standing, timeliness, governmental immunities, or of any other matter. Further, all administrative remedies and appeals must be fully exhausted before any Person may commence any proceeding under said Article 78. SECTION 18 - EFFECTIVE DATE: This Local Law shall be effective immediately and a copy of this local law shall be filed with the Town Clerk and the New York State Secretary of State. April 20, 2016 28 APPENDIX A The following diagrams serve as a guide for determining the number of lots in any Subdivision. For purposes of the Town’s Subdivision Local Law the total number of lots existing after subdivision shall be the number of lots counted for purposes of classifying a subdivision, regardless of whether such lots are for sale, proposed for development, or already developed. A single parent parcel of 12 acres with an existing home at the “H” looks as follows: H 1 If the landowner wants to create 6 equally-sized 2 acre lots by subdivision, then the drawing looks thusly: H 1 2 3 4 5 6 This is 6-lot subdivision - 5 new lots being carved off the parent lot. If there was no existing home there would still be the remnant of a parent lot and you thus still have a 6-lot subdivision for purposes of classification. If the landowner wanted to create but 2 equally-sized lots of 6 acres apiece, the drawing would look thusly: H 1 2 This is a 2-lot subdivision (1 new lot carved off the parent lot). If the owner wanted to create 4 lots of 2 acres apiece, and keep 4 acres for his home lot, the drawing might look thusly: H 1 2 3 4 5 This is a 5-lot subdivision for purposes of classification, and thus a major subdivision, even though there are only 4 new lots created. Subdivision lots are thus counted by counting the total number of lots created in relation to any project, with due regard for, and the proper application, of timing rules relative to whether any subsequent subdivision or re-subdivision occurs. April 20, 2016 29 Appendix B LAND USE ORDINANCE – SCHEDULE II Page 1 of 2 April 20, 2016 30 Appendix B LAND USE ORDINANCE – SCHEDULE II Page 2 of 2 RESOLUTION APPROVING AND ADOPTING LOCAL LAW #4 OF 2016, CODIFYING THE WARREN ROAD BUSINESS PARK PLANNED DEVELOPMENT AREA, AND ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE UNDER SEQRA Town Counsel, Guy Krogh noted there is one minor change because the county made a comment under § 239 regarding commercial power generation within this site. He stated the information is already there and he has addressed it with the county. Town Counsel, Guy Krogh reviewed the Short Environmental Assessment Form (part 2) for Local Law #4 of 2016. RESOLUTION 16-72 RESOLUTION APPROVING AND ADOPTING LOCAL LAW #4 OF 2016, CODIFYING THE WARREN ROAD BUSINESS PARK PLANNED April 20, 2016 31 DEVELOPMENT AREA, AND ISSUING NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNFICANCE UNDER SEQRA WHEREAS, this proposed local law will amend the Town of Lansing Land Use Ordinance by adding § 1611 to Article XVI for the purpose of formally codifying, mapping, approving, and adopting Planned Development Area (“PDA”) #2 for the Warren Road Business Park PDA, and by specifying the allowed land uses and related regulations for such PDA #2; and WHEREAS, the Town of Lansing Comprehensive Plan and Land Use Ordinance encourage the efficient use of land to promote sustainable and intelligent designs, such as a business park fostering more intensive land uses, especially in areas where water and sewer infrastructure is available, and the Comprehensive Plan also recognizes that business and light industrial development are vital and important resources as they support general operations, provide employment, provide a commercial base for goods and personal service businesses, and create concentrated and node-based development that, in turn, preserve land and agricultural uses that also serve to benefit and define the community; and WHEREAS, PDA #2 was approved in or about 1988, by application of C.J. Developments, as a business park to allow a mix of business and light industrial uses and to contribute to the variety of businesses and employment opportunities within the Town, as reflected in the park plan and covenants, including by placing review requirements and construction restrictions so as to ensure that the PDA remains a business park serving the commercial and light industrial needs of businesses in the Town and in the region, including by promoting denser development to reduce utility costs, maintaining within the PDA certain open spaces, and to create a “tucked-away” business park that would preserve trees and buffers and appropriately and visually mesh well with the surrounding landscapes and uses in the Town, and all within the parameters of allowed density under the Land Use Ordinance; and WHEREAS, the Final Plat for such PDA was filed in the Tompkins County Clerk’s Office upon July 16, 1988 as Instrument #BF017957-001, at Map Drawer K25 (the “Final Plat”), and such PDA #2 shall be enumerated as Section 1611 of the Land Use Ordinance; and WHEREAS, a full environmental review occurred when the PDA was formed and additional reviews have occurred many times since such date as each individual site plan and construction project was reviewed, and when sewer services were extended to PDA #2, and accordingly, (i) as these are not comprehensive new regulations or do not affect changes to any land uses or districts, (ii) as such uses have been allowed since 1988, and (iii) although over 25 acres in size, no new uses ar e proposed and no changes in uses within the park zone are proposed, this action is classified as an Unlisted Action under SEQRA; and WHEREAS, a public hearing to consider the proposed local law and its potential environmental impacts was duly held upon the 20th day of April, 2016, at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, where at all persons interested in the subject thereof were duly heard; and WHEREAS, each identified potential environmental impact was analyzed and duly considered by the Town Board, as Lead Agency in this uncoordinated review of an Unlisted Action, in relation to the question of whether any potential environmental impacts were so probable of occurring or so significant as to require a positive declaration, and after weighing the above and all other potential impacts arising from or in connection with this project, 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 April 20, 2016 32 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 a moderate or significant impact such that a negative declaration will be issued; and WHEREAS, this matter was referred to County Planning for a § 239 review and County Planning noted only one negative county-wide or intermunicipal impact (and no unofficial comments or recommendations), such being a recommendation that the PDA allow for public or commercial power generation, which comment is rejected as it appears to be commentary of a policy and socioeconomic-based nature that seems unrelated to actual land impacts in the inter-community or county-wide sense as used in the GML, including because even the DEC notes, in the SEQRA Handbook, that such impacts are not even environmental issues as could support a positive declaration; and WHEREAS, such change will also not be made because such uses are already allowed as the PDA imports all other allowed uses and the review procedures of the IR zone, which include as a matter of law and definition non-commercial and on site solar panels and alternative energy sources, commercial solar and alternative energy sources, wind energy facilities, electric and gas transmission lines, public utility substations and storage yards, and public utility service and distribution facilities, including gas, electric, telephone, water and sewer, TV cable, but not transmission towers and commercial-industrial scaled utility generation facilities, which are excluded by § 1611(2)(b), which, based upon the language and existing definitions used in zoning by the Town, prohibits industrial size and scaled utility facilities within the PDA as such a use is inconsistent with a business park of this nature (just as small-scale and on site facilities are consistent, encouraged, and even allowed under this PDA local law), thus also mooting further discussions and definitional suggestions posited by the County; and WHEREAS, the Town rejects the County recommendations not because they lack merit, but because such issues are already addressed, the uses recommended by the County are already allowed, and the Town therefore believes it has already complied with such recommendation(s); and WHEREAS, and after due deliberation upon this matter, be it now hereby RESOLVED as follows: RESOLVED, that after consideration of the potential environmental impacts reviewed in accord with 6 NYCRR Part 617, Section 617.7(c), the Lead Agency finds that the proposed action – codifying the Warren Road Business Park PDA by the adoption of Local Law #4 of 2016 - will have no moderate or significant negative environmental consequences; and this declaration is made in accord with Article 8 of the Environmental Conservation Law of the State of New York and the New York SEQRA Act, and the Regulations promulgated thereunder, and accordingly, the Town Board of the Town of Lansing, 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 moderate or 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 EAF, including the findings noted therein (if any, and which findings are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQRA for the above referenced proposed action, and determines that an Environmental Impact Statement is therefore not required; and it is further RESOLVED, that a Responsible Officer of the Town Board of the Town of Lansing is hereby authorized and directed to complete and sign, as required, the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and determination of significance shall be incorporated by reference in this Resolution; and it is further RESOLVED, that Local Law Number 4 of 2016 be and hereby is approved and adopted in the form as presented to this meeting, and in such form “be it so enacted”; and it is further April 20, 2016 33 RESOLVED, that within 20 days after the final adoption of this Local Law the Town Clerk shall file a certified copy of this Local Law, together with the required certifications, if any, as follows: (i) in the Office of the Town Clerk; and (ii) with the New York State Secretary of State as required by Municipal Home Rule Law §27 (said filing may be made by delivery to the NYS Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231); and it is further RESOLVED, that the Town Clerk mail a copy of this resolution to County Planning in fulfillment of the Town’s reply and reporting obligations under GML § 239-l. The question of adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 20, 2016. TOWN OF LANSING LOCAL LAW AMENDING ARTICLE XVI OF THE LAND USE ORDINANCE TO ADD § 1611 TO MAP AND CODIFY PLANNED DEVELOPMENT AREA ZONE #2 – THE WARREN ROAD BUSINESS PARK PLANNED DEVELOPMENT AREA TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK LOCAL LAW NUMBER 4 OF 2016 Be it enacted by the Town of Lansing as follows: SECTION 1: TITLE & APPLICATION; FINDINGS A. This Local Law shall be known as “Local Law Number 4 of 2016.” This Local Law amends the Town of Lansing Land Use Ordinance, by adding a § 1611 to Article XVI for the purpose of formally codifying, mapping, approving, and adopting Planned Development Area (“PDA”) #2 for the Warren Road Business Park PDA, and by specifying the allowed land uses and related regulations for such PDA #2. B. The Town of Lansing Comprehensive Plan and Land Use Ordinance encourage the efficient use of land to promote sustainable and intelligent designs, such as a business park fostering more intensive land uses, especially in areas where water and sewer infrastructure is available. The Comprehensive Plan also recognizes that business and light industrial development are vital and important resources as they support general operations, provide employment, provide a commercial based for personal service businesses, and create concentrated and node-based development that, in turn, preserve land and agricultural uses that also serve to benefit and define the community. The Town Board finds that this PDA was, is, and remains inherently consistent with the planning and zoning objectives of the Town. C. PDA #2 was approved in or about 1988, by application of C.J. Developments (Cornelis J. Drost, owner), as a business park to allow a mix of business and light industrial uses as reflected in the park plan and covenants and to contribute to the variety of businesses and employment opportunities within the Town, including by emplacing review requirements and construction restrictions so as to ensure that the PDA remains a business park serving the commercial and light industrial needs of businesses in the Town and in the region, including by promoting denser development to reduce utility costs, maintaining within the PDA certain open spaces, and to create a “tucked-away” business park that would preserve trees and buffers and appropriately and visually mesh April 20, 2016 34 well with the surrounding landscapes and uses in the Town, and all within the parameters of allowed density under the Land Use Ordinance. The Final Plat for such PDA was filed in the Tompkins County Clerk’s Office upon July 16, 1988 as Instrument #BF017957 - 001, at Map Drawer K25 (the “Final Plat”). SECTION 2: PLANNED DEVELOPMENT AREA #2 – THE WARREN ROAD BUSINESS PARK PDA A. Planned Development Area (“PDA”) #2, to also be known as the Warren Road Business Park PDA, is hereby established, permitted, and defined with permitted uses and applicable definitions, as hereafter follows. PDA #2 shall be enumerated as S ection 1611 of the Land Use Ordinance, as follows: § 1611 PDA #2 - The Warren Road Business Park Planned Development Area. 1. PDA #2 shall use all definitions as are applicable to the Land Use Ordinance generally. Unless otherwise regulated differently under the rules and procedures applicable to PDA #2 under this § 1611, the general provisions of the Land Use Ordinance shall apply, as shall all rules and procedures applicable for IR zones generally, specifically including but not limited to rules pertaining to site planning, special permitting, and zoning permits. 2. The allowed principal and supplementary or accessory land uses permitted within the PDA are and include all uses as permitted as of right in the IR zone, except as follows: a. Mining of all types shall be prohibited, including gravel and surface mines, extractive mining, solution mining, oil and gas mining, drilling of rotary mining, and the like. b. The use of land for public or commercial power generation, including as licensed utility providers, shall be prohibited. However, business offices for utility companies are allowed. c. ECHO housing and residential accessory uses are prohibited. d. Rooming and Tourist Homes are prohibited. e. Kennels and animal boarding operations, except as part of a veterinary practice or animal hospital, shall be prohibited. f. The keeping of animals, livestock, or chickens shall be prohibited, unless kept wholly or mainly indoors as part of a veterinary practice or research facility. g. Solid waste recycling and yards and transfer stations, and junkyards, shall be prohibited. h. Automobile sales lots, dealership display areas, and motor vehicle repair shops shall not be permitted as primary uses, but vehicle maintenance and repair facilities shall be allowed secondary uses when ancillary to an allowed primary use and approved by the Planning Board through site plan review. i. Indoor and outdoor recreational facilities, whether for public use or for profit, shall be permitted. j. Parking businesses and parking lots as primary or accessory uses shall be permitted. k. Outdoor tents, trailers, or other similar objects or movable storage units shall be permitted for temporary or permanent storage on any lot, but they may not exceed a total of 200 ft2 in combined floor area unless site plan approval is issued April 20, 2016 35 by the Planning Board. Outdoor tents, trailers, or other similar objects or movable storage units shall not be permitted for use as business offices or similar facilities (other than for storage), nor for any residential or housing purposes. l. No unregistered and non-functioning vehicles shall be kept outdoors upon any lot for more than 30 days. m. No inventory, goods, or items may be set or displayed outdoors for the purposes of making or promoting sales at any time. 3. The following uses are permitted, but only upon a site plan review approval by the Town Planning Board: a. Churches or other places of worship, convents, and parish houses. b. Public or private libraries, museums, private and public schools and instructional centers, nursery schools, kindergartens, and day care centers. 4. Yardage requirements and set-back requirements, density, building and structure height, and coverage regulations are as follows: a. All building and structure setbacks, excluding roadways and pedestrian walkways and trails, shall be at least 25’ from the exterior boundary lines of the PDA. Other internal PDA set-back and yardage requirements shall be as set forth in the Land Use Ordinance for IR zones, except as may otherwise be set forth or required herein. b. Density regulations shall require that the PDA maintain a 20% minimum open space standard per lot and a 20% minimum open space standard for the entirety of the PDA. c. Buildings shall not exceed 3 stories and no building or structure shall exceed a height of greater than 45 vertical feet measured from the average grade to the highest point in the roof line, excluding chimneys and vents. 5. Roadway, parking, and transportation requirements are as follows: a. There shall be a number of parking spaces as required by the Land Use Ordinance, or if no standard or rule applies to the land use applicable within the PDA then a minimum 2 parking spaces for each 200 ft2 of floor area for each building, each unless otherwise approved by the Planning Board under site plan review. All parking shall be near or adjacent to the applicable building served, but individual lots may have parking as a primary use when adjacent to or serving a primary use within the PDA or when serving a park and ride or other mode-share transportation form or service. b. All parking spaces shall have a minimum width of 8.5’, a minimum depth of 18’, and a minimum vertical clearance height of 7’, except handicapped and impaired parking spaces, which shall conform to all code and legal requirements in terms of the number of spaces, their location, and the minimum dimensions thereof. c. All sidewalks and pathways, including all building-to-building walkways and picnic areas, shall be constructed and maintained by the owners of the lot(s) upon which any such infrastructure is sited. If and once built, such walkways and sidewalks shall be subject to such trail and walkway specifications and such maintenance agreements as are now or hereafter required or approved by the Town Board, with input from the Town Planning Department and the Town Director of Parks and Recreation. d. All vehicular roadways shall be built by the developer and, once proffered to the Town as dedicated roadways and duly accepted by the Town Board, kept and April 20, 2016 36 maintained as public highways of the Town of Lansing. The Developer and the Town may also agree, in the future, to the dedication of such further or additional roadways or easements as may hereafter be built. All future roads shall be constructed to Town of Lansing roadway and related specifications as to sub-base and roadway surfacing, even if the same may not be proposed to be dedicated to the Town, and all pathways and pedestrian ways shall be constructed in a safe and workmanlike manner in accord with plans approved by the Town Department of Parks and Recreation. All roadways shall be engineered, designed, constructed, and maintained in such manner as to permit the safe passage of fire trucks and other emergency vehicles. e. If a connecting roadway is ever built or proposed to connect the PDA to the Village Circle Area or to lands easterly of the PDA, the same shall be set upon land reserved therefor as shown upon the Final Plat, and such roadways, if and once built, shall be dedicated in fee by the then owners of the lands adjacent to and affected thereby, all as shown running 60’ wide easterly and westerly from the cul de sac at the end of Dutch Mill Road, with additional utility easements 10’ wide adjacent to each northerly and southerly boundary line thereof, being more specifically shown as running westerly between Lots 11 and 12 upon the Final Plat and easterly between Lots 13 and 14 upon the said Final Plat. Such proposed future roadways shall be and be deemed reserved and dedicated to the Town for future highway purposes unless heretofore or hereafter expressly abandoned by resolution of the Town Board. f. If any pedestrian pathway or walking trail is ever built or proposed to connect the PDA to the Village Circle Area, such pathway or trail shall be promptly dedicated to the Town in fee as soon as practical after completion. 6. Landscaping plans and buffering requirements are as follows: a. Landscaping shall be designed to manage and prevent water drainage to and stormwater runoff upon adjacent properties. b. All trees shall be preserved to the greatest extent possible, and no tree with a trunk diameter over 8” as measured 4’ above grade shall be removed except when necessary in relation to proposed improvements to any lot. Such removal shall be noted upon any plan, building permit application, or similar document. c. All buffering and landscaping, including screening vegetation, shade trees, and other plantings, shall contain only native vegetation (i.e., no exotic or invasive non-native species shall be permitted). All plantings shall be maintained by the lot owner(s) and replaced with similar vegetation whenever a plant or tree shall die, become diseased, or fail of its purpose relative to providing screening or buffering. d. A minimum landscaped buffer of at least 15’ shall be preserved or developed, and maintained, around any structure whenever any residential use exists within 100’ upon any adjoining lot. Existing buildings and improvements shall be grandfathered, but shall come into compliance with this standard when any substantial improvement is made to the lot or to any existing structure, in the reasonable discretion of the Code Enforcement Officer. e. Notwithstanding anything allowed in this § 1611 or by the Land Use Ordinance, the 100’ wetland buffer area in the southerly area of Lot 10 as shown upon the Final Plat shall not be disturbed and shall be preserved as a wetland preservation and buffer area. No building or improvements shall occur in such buffer area and a 100’ setback shall apply to all uses and structures, regardless of any other provision of law or any approval to the contrary. 7. All building materials and construction shall meet New York State Building and Energy Codes. April 20, 2016 37 8. Lighting shall only be in locations of approved lighting poles and plans, plus any security or passage lighting for buildings. All lighting and lighting fixtures shall be shielded and designed so as to avoid glare upon adjacent properties. Any additional or different lighting, including any new or different lighting plans, shall be subject to approval pursuant to site plan review by the Planning Board. 9. The following requirements apply to the provision of water services, sewer services, and stormwater within the PDA: a. All landowners and users of any lands within the PDA must connect to public water and sewer services once available. All connections shall be by proper permit, and designs for connections must be approved by the appropriate authority having jurisdiction. No new lots may be approved for, created within, or added to this PDA unless at least 80% of all existing primary buildings within the PDA are connected to such public facilities. b. No certificates of occupancy or compliance shall be issued for any new uses, and no PDA amendment or change to the Final Plat, shall be allowed until after appropriate stormwater plans and any required SWPPP are duly approved by the Town and all permanent stormwater facilities and practices are substantially constructed and either dedicated or the subject of a Town-approved stormwater management agreement. 10. Any proposed use not specifically herein allowed is expressly prohibited. Any future plan or proposal not here specifically allowed is prohibited unless an amendment to the PDA and its development plan are approved through the applicable procedures as outlined in the Land Use Ordinance. However, in no event may: (i) the open space percentage of 20% be reduced, with such open space measurement to be expressed as a percentage of land that is undeveloped b y buildings or impervious surfaces as compared to the total acreage of the PDA; and (ii) the wetland buffer area be reduced or subject to disturbance or development. 11. All waterlines and appurtenant infrastructure, along with accompanying easements and rights-of-way, shall be dedicated to the Town Consolidated Water District, the Warren Road Sewer District Extension, and any future benefit district or improvement area created to provide services to or for the PDA. Such dedications shall occur after permit issuance, proper inspection and construction, and acceptance of the said infrastructure by the Town or the applicable district. All such water and sewer lines shall be subject to inspection and testing, and shall be in operational condition at the time of dedication. Such installation, inspections, and operational parameters shall be verified at reasonable times by the Town Engineer and other designees of the Town of Lansing. 12. The area encompassed and rezoned in accordance with this Local Law is described as follows: Those lands being known as Town of Lansing Tax Parcel Numbers 39.-1-50.2, 39.-1-50.6, 39.-1-50.8, 39.-1-50.12, 39.-1-50.11, 39.-1-50.14, 39.-1-50.10, 39.-1-50.5, 39.-1-50.3, 39.-1-50.1, together with the public highway(s) situate therein, all as shown upon the Final Plat for the Warren Road Business Park entitled “C.J. Development – Developer, Warren Road Business Park Final Plat, Warren Road, Town of Lansing, Tompkins County, New York” as drawn by T.G. Miller Associates P.C., Thomas J. Miller, LLP, and dated June 13, 1988, as filed in the Tompkins County Clerk’s Office upon July 16, 1988 as Instrument #BF017957 - 001 (Map Drawer K25) (the “Final Plat”), all as more particularly described as follows: Beginning at a point marked by an existing iron pin located at the northwesterly corner of Lot 2 on such Final Plat, said point being 24.75’ easterly of the then centerline of Warren Road, and thence proceeding S 75˚ 39’ E a distance of 1,231.0’ from said highway centerline to a found iron pin located at the northeasterly corner of Lot 6 upon such Final Plat, such pin also being located upon the southerly boundary of lands owned by the Town of April 20, 2016 38 Lansing (R.O., TPN 39.-1-38.19), such course passing through iron pins at 24.75’, 436.95’, 821.95’ and 1,221.95’; and thence proceeding N 14˚ 42’ E a distance of 550.0’ to a point in the northwesterly corner of Lot 11 on such Final Plat, passing through a set iron pin 280’ demarking the separation line between Lots 12 and 11 as shown upon such Final Plat; and thence proceeding S 75˚ 38” E a distance of 656.4’, passing through a set iron pin at 361.4’ demarking the separation line between Lots 11 and 13 as shown upon such Final Plat; and thence proceeding S 14˚ 42’ W a distance of 550.5’, passing through a set iron pin at 270.5’ demarking the separation line between Lots 13 and 14 as shown upon such Final Plat; and thence proceeding S 75˚ 39’ E a distance of 548.6’ to a point marked by a set iron pin in the northeasterly corner of Lot 10 as shown upon such Final Plat; and thence proceeding S 13˚ 46’ W a distance of 528.0’ to a point marked by a set iron pin in the southeasterly corner of Lot 10 as shown upon such Final Plat; and thence proceeding N 75˚ 39’ W a distance of 1,199.9’ to a point marked by an iron pin at the southwesterly corner of Lot 7 as shown upon such Final Plat, said course passing through iron pins at 684.9’ and 849.9’; and thence proceeding S 20˚ 48’ W a distance of 108.1’ to a point marked by an iron pin at the southeasterly corner of Lot 5 as shown upon such Final Plat; and thence proceeding N 75˚ 29’ W a distance of 1,222.9’ to a point in the then centerline of Warren Road, said course passing through iron pins at 332.0’, 702.0’ and 1.182.9’; and thence proceeding N 13˚ 46’ E along the then centerline of said Warren Road approximately 632.1’ to the point and place of beginning. 13. All utility and waterline easements, and all water main rights-of-way, as shown upon the Final Plat shall be and be deemed dedicated to and accepted by the Town, its successors and assigns. 14. The landowners within the PDA assume sole responsibility for the land development activities within the PDA and all worksites, including all related staging and construction areas and lands within and without the PDA, and agree to assume all responsibility for any injury or damage that may or does occur as a result of any excavation, construction, or related work. The landowners, to the fullest extent permitted by law, shall indemnify and hold the Town, its officers, agents, and employees harmless from and against any, each, and all losses, actions, causes of action, claims, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, and demands whatsoever, whether arising in law, admiralty or equity (all together and severally hereafter the “Claims”), including but not limited to reimbursement to the Town for any amounts expended for expert, consulting, engineering, and attorneys’ fees and expenses arising from or in relation to any Claim. The Town shall not be liable or responsible for any injury to persons or damage to property due to any acts or failures to act unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. No right or cause of action is hereby implied or created that does not already exist in law or equity. April 20, 2016 39 15. The Town of Lansing Zoning Map is hereby amended to incorporate the location and boundaries of PDA #2. SECTION 3: SEVERABILITY; INTERPRETATION If the provision of this Local Law shall be adjudged or held invalid or unenforceable by a court or other tribunal of competent jurisdiction, such determination, order, or judgment shall not affect or invalidate the remainder of this Local Law, and any such invalidity or unenforceability shall be confined in its operation to the provision directly involved in the controversy in which such determination, order, or judgment shall have been rendered, and such invalidity or unenforceability shall not apply to other jurisdictions, persons or circumstances and, in all cases, the balance hereof shall remain in force and effect. Section and other headings are for reference and convenience only and shall not be deemed or construed to limit or define the requirements of clauses set forth thereunder. References to laws and regulations (including references within this local law to other sections of this local law), and the sections and subsections thereof, shall be construed to apply to such law or regulation as now exists or as may hereafter be amended or recodified, and no typographical error or error of reference shall be given significant meaning or effect. The gender or neuter of pronouns shall be construed as the context or use thereof admits or requires, and the singular shall be construed as the plural, and vice versa, when the context thereof so admits or requires. SECTION 4: EFFECTIVE DATE This Local Law shall be and become effective immediately upon filing with the New York Secretary of State. RESOLUTION APPOINTING TOWN CLERK, DEPUTY CLERK, AND RECEIVER OF TAXES, PER TOMPKINS COUNTY CIVIL SERVICE RULES AND UNDER TOWN LAW, AND FURTHER AUTHORIZING FILING OF FORM MSD 428 RESOLUTION 16-73 RESOLUTION APPOINTING TOWN CLERK, DEPUTY CLERK, AND RECEIVER OF TAXES, PER TOMPKINS COUNTY CIVIL SERVICE RULES AND UNDER TOWN LAW, AND FURTHER AUTHORIZING FILING OF FORM MSD 428 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, the Town Clerk retired effective April 16, 2016, and the Town needs to appoint a Town Clerk to fill the vacancy thus created in the Town Clerk and Receiver of Taxes offices until the next election; and WHEREAS, the Deputy Clerk is to be appointed as Town Clerk and Receiver of Taxes, such that the Town needs to appoint a Deputy Town Clerk as well; and WHEREAS, upon consideration and deliberation upon the same, the Town Board of the Town of Lansing has hereby RESOLVED, as follows: 1. Deborah K. Munson be and hereby is appointed as Town Clerk, effective April 20, 2016 at the same rate of pay as the existing Town Clerk and subject to all Town perquisites and benefits as are available to such position; 2. Said Deborah K. Munson be and hereby is also appointed as the Receiver of Taxes effective April 20, 2016; April 20, 2016 40 3. Amber Volbrecht be and hereby is appointed as Deputy Town Clerk effective April 20, 2016, at the previously agreed upon and authorized rate of pay and grade, subject also to all Town perquisites and benefits as are available to such position; 4. The Town Personnel Officer be and hereby is authorized to make such changes to the Towns’ employment and civil service rosters and file required Civil Service forms to effect such changes and these Resolutions, including by the filing of form MSD 428; 5. Immediately upon the retirement of Town Clerk and the resulting vacancy of the Town Deputy Clerk and Receiver of Taxes positions, Deborah K. Munson, as Town Clerk, shall provide the required notices of vacancies of the above positions and further advise of the appointments to fill such vacancies as required by Town Law § 30(4); 6. Immediately upon the retirement of the Town Clerk, the Town Supervisor shall provide the required notices of vacancy of the said position and further advise of the appointment to fill such vacancy as required by said Town Law § 30(4); The question of adoption of such proposed Resolution was duly motioned by Councilperson Katrina Binkewicz, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz -Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 20, 2016. RESOLUTION APPROVING RECLASSIFICATION OF PAY GRADE AND HOURS WORKED FOR RECREATION SUPERVISOR PATRICK TYRRELL PER TOMPKINS COUNTY CIVIL SERVICE RULES AND UNDER TOWN LAW, FURTHER AUTHORIZING FILING OF FORM MSD 428 AND AMENDING ORGANIZATIONAL RESOLUTION 16-15 RESOLUTION 16-74 RESOLUTION APPROVING RECLASSIFICATION OF PAY GRADE AND HOURS WORKED FOR RECREATION SUPERVISOR PATRICK TYRRELL PER TOMPKINS COUNTY CIVIL SERVICE RULES AND UNDER TOWN LAW, FURTHER AUTHORIZING FILING OF FORM MSD 428 AND AMENDING ORGANIZATIONAL RESOLUTION 16-15 The following Resolution was duly presented for consideration by the Town Board: WHEREAS, upon an examination of the work, responsibilities, supervisory duties, and type of work performed the Town Board has determined that the position needs a reclassification to reflect how the job has changed over the years and to make the job classification fairly reflect the actual work and responsibilities in fact carried out by such position; and WHEREAS, said position involves additional hours of work, and results in the necessary changes to the Organizational Resolution 16-15 for the 2016 year; and WHEREAS, upon consideration and deliberation upon the same, the Town Board of the Town of Lansing has hereby RESOLVED, as follows: 1. Recreation Supervisor Patrick Tyrrell be and hereby is approved for Reclassification to Pay Grade 6, Step 4, at the authorized rate of pay of $23.52 per hour, effective April 25, 2016, subject also to all Town perquisites and benefits as are available to such position; April 20, 2016 41 2. Said position be and hereby is approved for forty hours per week, effective April 25, 2016; 3. Organizational Resolution 16-15 is hereby amended to reflect said change of hours to forty; RESOLUTION 16-15 – Amended as follows: RESOLVED, that the Town Board hereby establishes the following standard hours per month, as required for determination of retirement benefits for Town Officials: Bookkeeper, Court Clerk, Senior Court Clerk, 7.3 hrs/day 36.5 hrs/week Cleaner, Secretary to Highway Superintendent, Code Enforcement, Planning & Zoning Clerk, Deputy Town Clerk, Information Aide Town Clerk, Director Parks & Recreation, 8 hrs/day 40 hrs/week Recreation Supervisor, Zoning, Code, Fire Enforcement Officer, Highway Superintendent, Motor Equipment Operator, Mechanic Town Justice *based on a 6 hr/day 33 hrs/month Councilperson *based on a 6 hr/day 41.04 hrs/month Supervisor *based on a 6/hr day 80 hrs/month * Part-Time & Seasonal Employees are based on a 6 hour work day as established by the Town Board Resolution dated August 1, 1990. 4. The appropriate officer be and hereby is authorized to make such changes to the Towns’ employment and civil service rosters and file the required Civil Service forms to such changes and the Resolution, including the filing of form MSD 428; 5. Said position is classified as an hourly FLSA Nonexempt Employee; The question of the adoption of such proposed Resolution was duly motioned by Councilperson Doug Dake duly seconded by Councilperson Katina Binkewicz, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 20, 2016. RESOLUTION APPROVING AND AUTHORIZING CONDITIONAL CONVEYANCE SUBJECT TO PERMISSIVE REFERENDUM OF ACCESS AND USE EASEMENT ACROSS TOWN-OWNED LAND ALONG CAYUGA VISTA DRIVE RESOLUTION 16-75 RESOLUTION APPROVING AND AUTHORIZING CONDITIONAL CONVEYANCE SUBJECT TO PERMISSIVE REFERENDUM OF ACCESS AND USE EASEMENT ACROSS TOWN-OWNED LAND ALONG CAYUGA VISTA DRIVE WHEREAS, the town had generally agreed to allow access across a strip of town-owned land adjacent to Cayuga Vista Drive, mainly used for roadway drainage and stormwater purposes, and as part of site plan review the Dollar General project, and Primax Properties, LLC, the developer, wanted such a secondary means of access along Cayuga Vista Drive; and April 20, 2016 42 WHEREAS, the town believes that the safety and utility of the site are improved by such access, and that the granting of an easement does not interfere with the use of such land or the purposes underlying ownership by the Town; and WHEREAS, and after due deliberation upon this matter, and in respect of the recommendations of the Highway Superintendent, be it now hereby RESOLVED as follows: RESOLVED, that an easement across such town-owned land, in a location as approved by the Planning Board in its site plan review, and in a form and upon terms as are hereafter approved by the Town Attorney, be and hereby is approved, and the Town Supervisor be and hereby is authorized to execute the same by, for, on behalf of, and in the name of the Town of Lansing once such attorney approval has been duly issued; and it is further RESOLVED, that this resolution be and hereby is subject to permissive referendum as required by Town Law § 64 and Town Law Article 7, and the Town Clerk is directed to publish a compliant notice of permissive referendum within 10 days of the adoption hereof. The question of adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Supervisor Edward LaVigne, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 20, 2016. RESOLUTION DECLARING CONSENT AND APPROVAL OF TOWN BOARD TO THE LAYING OUT AND OPENING OF TOWN BARN ROAD AND VERIZON LANE AS DEDICATED PUBLIC HIGHWAYS OF THE TOWN OF LANSING PURSUANT TO HIGHWAY LAW § 171 RESOLUTION 16-76 RESOLUTION DECLARING CONSENT AND APPROVAL OF TOWN BOARD TO THE LAYING OUT AND OPENING OF TOWN BARN ROAD AND VERIZON LANE AS DEDICATED PUBLIC HIGHWAYS OF THE TOWN OF LANSING PURSUANT TO HIGHWAY LAW § 171 WHEREAS, Town Barn Road and Verizon Lane, as located near the intersections of North Triphammer Road with State Route 34, have long existed as roadways and the nature of their use has changed over the years, particularly with local business opening nearby and thereupon, such that it is likely that such roads are highways by use as such term is used and defined in Town Law and Highway Law § 189; and WHEREAS, additional development has been considered and reviewed along such roadways such that their formal dedication should be attended to prior to the issuance of building permits and to acknowledge the status of such roadways; and WHEREAS, the Town Highway Superintendent has concurred and co-ordered a survey to formally lay out such roadways at a recommended width of 60’, thereby meeting the minimum 3 rod standard of New York State Highway Law § 171, and no formal dedication of title to such land is required as the Town of Lansing is the owner of all of the property hereby declared and opened as public highways, as more particularly described below; and April 20, 2016 43 WHEREAS, by his execution below and the filing of a copy of this resolution in the Town Clerk’s Office, this resolution and consent shall formally dedicate such town- owned lands as public highways and the same shall be indexed as Town Highways on roadway and NYSDOS maps, including for purposes of counted miles for consolidated highway funding; and WHEREAS, and after due deliberation upon this matter, and in respect of the recommendation and order of the Highway Superintendent, as reproduced and duly executed below, be it now hereby RESOLVED as follows: RESOLVED, in accordance with the provisions of § 171 of the Highway Law of the State of New York, consent is given that the Highway Superintendent of the Town of Lansing make an order laying out the aforesaid town highways to be known as “Town Barn Road” and “Verizon Lane,” and to consist of lands described as follows: Beginning at a point located at the intersection of North Triphammer Road and the New York State (NYS) Highway Line for NYS Route 34 as shown upon a survey map entitled “SURVEY MAP SHOWING PROPOSED PARCEL TO BE DEDICATED AS TOWN BARN ROAD AND VERIZON LANE, TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK,” as drawn by T.G. Miller P.C., dated March 24, 2016 (the “Road Survey”), which point is also the northwesterly corner of lands of Lansing Market Realty LLC (R.O., Inst. #570702-003), and thence proceeding N 00º 32’ 12” E a distance of 126.39’ along the easterly highway line of said SR 34 to a point marked by a pin set; and thence proceeding S 63º 46’ 35” E a distance of 157.46’ to a point marked by a pin set; and thence proceeding S 88º 43’ 02”E a distance of 417.13’ to a point marked by a pin set, said point being an inside corner at the intersection of Town Barn Road and Verizon Lane as shown upon the Road Survey; and thence proceeding N 01º 22’ 42” E a distance of 444.51’ to a point marked by a pin set in the southerly boundary line of lands now or formerly of United Storage TBR, LLC (R.O., Inst. # 554612-001); and thence proceeding S 88º 59’ 00” E a distance of 60’ along such southerly boundary of United Storage TBR, LLC to a point marked by a pipe found; and thence proceeding S 01º 22’ 42” W a distance of 444.78’ to a point marked by a PK Nail set in asphalt, which point is an inside corner of the intersections of Town Barn Road with Verizon Lane as shown upon the Road Survey; and thence proceeding S 88º 43’ 02” E a distance of 337.99’ to a point marked by a pin set; and thence proceeding S 00º 00’ 52” E a distance of 60.02’ to a point marked by a PK Nail set, which point is located upon the southerly line of lands of the Town of Lansing (R.O. 467/676) and the northerly line of lands of Lansing Associates (R.O. 646/587); and thence proceeding N 88º 43’ 02” W a distance of 957.57’ along such southerly line of said Town of Lansing parcel, being also the northerly lines of said Lansing Associates and Lansing Market Realty LLC, respectively, to a calculated point located in the easterly line of said North Triphammer Road, being also the easterly line of land owned by New York State as part of said SR 34, being also the point and place of beginning, containing in all 2.039 acres of land, and being more commonly known as Town Board Road in its easterly-to-westerly axis, and as Verizon Lane for the northerly extension from Town Barn Road adjacent to the Town of Lansing Highway Barn and April 20, 2016 44 to the boundary of the United Storage TBR, LLC parcel, all as more particularly shown upon the Road Survey. And it is further RESOLVED, that the purpose of this consent and order is to formally declare and describe such public highways for use as a public roadways in the Town of Lansing, County of Tompkins, and State of New York; and it is further RESOLVED, that the Town Board hereby approves such highways and consents to the Highway Superintendent’s Order so declaring and laying out said town highways in the Town of Lansing, extending from North Triphammer Road easterly to the Town Highway Barn and northerly to the Verizon Buildings and lands of United Storage, as more particularly described above, and the Town Board, by these Resolutions, and the Town Highway Superintendent, by his signature below, hereby determine and order that town highways shall be laid out in the Town of Lansing in accordance with the description set forth herein and determine, in accord with law, that such highways are not less than three rods in width; and it is further RESOLVED AND ORDERED that the Highway Superintendent shall sign a certified copy of this Resolution, and the same shall be filed by the Town Clerk of the Town of Lansing in the offices of the Town Clerk of the Town of Lansing and the Tompkins County Clerk’s Office. The question of adoption of such proposed Resolution was duly motioned by Councilperson Katrina Binkewicz, duly seconded by Councilperson Doug Dake, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 20, 2016. Said Public Highways are hereby ordered opened in accord with these Resolutions. ____________________ Charlie Purcell, Highway Superintendent, Town of Lansing RESOLUTION SCHEDULING PUBLIC HEARING FOR ADOPTION OF LOCAL LAW #5 OF 2016, AMENDING THE LAND USE ORDINANCE TO ADD § 1612 TO MAP AND CODIFY THE EASTLAKE PLANNED DEVELOPMENT AREA RESOLUTION 16-77 RESOLUTION SCHEDULING PUBLIC HEARING FOR ADOPTION OF LOCAL LAW #5 OF 2016, AMENDING THE LAND USE ORDINANCE TO ADD § 1612 TO MAP AND CODIFY THE EASTLAKE PLANNED DEVELOPMENT AREA The following Resolution was duly presented for consideration by the Town Board: WHEREAS, this proposed local law will amend the Town of Lansing Land Use Ordinance by adding § 1612 to Article XVI for the purpose of formally codifying, mapping, approving, and adopting Planned Development Area (“PDA”) #3 for the Eastlake PDA, and by specifying the allowed land uses and related regulations for such PDA #3; and April 20, 2016 45 WHEREAS, the Town of Lansing Comprehensive Plan and Land Use Ordinance encourage the efficient use of land to promote sustainable and intelligent designs, such as interrelated community and residential uses, and the Comprehensive Plan recognizes that certain community buildings and uses and recreation are appropriate in residential areas, and that this serves to benefit the community generally; and WHEREAS, PDA #3 was approved in or about 1988, by application of Cheryl Nickel, Developer, as a residential subdivision with a community center, a business multi -use office, community-use and recreational lots, and some higher-density lots, and the development of the site was governed by the Eastlake Declaration of Covenants and Restrictions, dated August 22, 1988 and filed August 24, 1988 in the Tompkins County Clerk’s Office at Liber 32 of Miscellaneous Records, Page 736 (and this declaration was thereafter amended by a First Amendment to the Declaration of Covenants and Restrictions – Eastlake, as filed in said Clerk’s Office upon June 29, 2007 as Instrument Number 510977-001) (hereinafter jointly and severally the “Declaration”), and other than the community center building and land upon Cayuga Lake as acquired by the Eastlake Homeowners Association, Inc. from the Developer (Inst. #509607-001), the balance of the PDA is a traditional residential subdivision generally consistent with current and past R1 zoning requirements in the Town of Lansing; and WHEREAS, much of the above was mapped in and upon the Final Plat for PDA #3, filed in the Tompkins County Clerk’s Office upon August 24, 1988, as Instrument #BF- 017906-001, at Map Drawer K 109-114; and WHEREAS, a full environmental review occurred when the PDA was formed and additional reviews have occurred since such date as lot uses have changed, but none-the- less these are not comprehensive new regulations, do not affect changes to any land uses or districts, and as such uses have been allowed since 1988 and, although over 25 acres in size, no new uses are proposed and no changes in uses within the PDA are proposed, thi s action is classified as an Unlisted Action under SEQRA; and WHEREAS, upon consideration of the foregoing, the Town Board of the Town of Lansing has duly resolved as follows: RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 18th day of May, 2016, at 6:35 pm, to consider the adoption of proposed Local Law #5 of 2016 – adding the Eastlake PDA regulations to the Land Use Ordinance, to consider and review the environmental impacts thereof, and to thereat hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk; and it is further RESOLVED AND DETERMINED, that this action is classified as an Unlisted Action pursuant to SEQRA, and in furtherance thereof: i. The Town Board of the Town of Lansing proposes to be the Lead Agency for uncoordinated environmental review as the Town of Lansing is the sole Involved Agency. ii. The Interested Agencies are determined to be: the Town of Lansing Planning Board; The Town of Lansing Zoning Board of Appeals; the Village of Lansing; and the Tompkins County Planning Department; and it is further RESOLVED, that the Town Clerk issue a copy of the proposed local law and SEAF Part 1 and it’s supporting EAF Map to each agency; and it is further April 20, 2016 46 RESOLVED, that this local law and the SEQRA materials be sent to County Planning with a request for a General Municipal Law §§ 239-l and –m review. The question of adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 20, 2016. RESOLUTION SCHEDULING PUBLIC HEARING FOR ADOPTION OF LOCAL LAW #6 OF 2016, AMENDING THE LAND USE ORDINANCE TO ADD § 1613 TO MAP AND CODIFY THE HORIZON VILLAGES PLANNED DEVELOPMENT AREA RESOLUTION 16-78 RESOLUTION SCHEDULING PUBLIC HEARING FOR ADOPTION OF LOCAL LAW #6 OF 2016, AMENDING THE LAND USE ORDINANCE TO ADD § 1613 TO MAP AND CODIFY THE HORIZON VILLAGES PLANNED DEVELOPMENT AREA The following Resolution was duly presented for consideration by the Town Board: WHEREAS, this proposed local law will amend the Town of Lansing Land Use Ordinance by adding § 1613 to Article XVI for the purpose of formally codifying, mapping, approving, and adopting Planned Development Area (“PDA”) #4 for the Horizon Villages PDA, and by specifying the allowed land uses and related regu lations for such PDA #4; and WHEREAS, the Town of Lansing Comprehensive Plan and Land Use Ordinance encourage the efficient use of land to promote sustainable and intelligent designs, such as increasing density where water and sewer infrastructure is available, as to promote node- based development that, in turn, preserves land and agricultural uses and benefits the community generally; and WHEREAS, PDA #4 was approved in or about 1993, by application of Alex Cima, Developer, as part of a larger residential subdivision with increased density of development within the PDA area, and related special use restrictions, including because of sewer availability, and the clustering of high -end rental units into 8 mini-villages of up to 6-units each consisting of variable one-, two- and 3-bedroom designs, with attached garages, fireplaces, basements, and all accoutrements as to make them appear, for all intents and purposes, like single family residences or, in some cases, traditional duplexes, and this PDA was part of a larger subdivision development known as “Horizons” and the final plat for such Horizon Estates Subdivision was filed in the Tompkins County Clerk’s Office upon September 30, 1985 as Instrument No. BF023956-001, Map Drawer 98, and again later filed upon July 7, 1987, as Instrument No. BF022826-001; and WHEREAS, the Final Plat for the PDA known as “Horizon Villages” PDA #4 was filed in the Tompkins County Clerk’s Office upon October 14, 1986, as Instrument No. BF033176-001, Map Drawer Box 10, V (the “Final PDA Plat”), and said map shows a total of 8 development lots within the PDA numbered as lots 39 through 46; and WHEREAS, a full environmental review occurred when the PDA was formed and additional reviews have occurred since such date, each as individual site plan uses and certain sites have changed (namely, the recreational lot, to which have been added a swimming pool and ball courts), but none-the-less these are not comprehensive new regulations, do not affect changes to any land uses or districts, and as such uses have been April 20, 2016 47 allowed since 1993 and have each been subjected to site plan review and individualized SEQRA determinations, and as the PDA is less than 25 acres in size and no new uses are proposed, this action is classified as an Unlisted Action under SEQRA; and WHEREAS, upon consideration of the foregoing, the Town Board of the Town of Lansing has duly resolved as follows: RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 18th day of May, 2016, at 6:37 pm, to consider the adoption of proposed Local Law #6 of 2016 – adding the Horizon Villages PDA regulations to the Land Use Ordinance, to consider and review the environmental impacts thereof, and to thereat hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk; and it is further RESOLVED AND DETERMINED, that this action is classified as an Unlisted Action pursuant to SEQRA, and in furtherance thereof: i. The Town Board of the Town of Lansing proposes to be the Lead Agency for uncoordinated environmental review as the Town of Lansing is the sole Involved Agency. ii. The Interested Agencies are determined to be: the Town of Lansing Planning Board; The Town of Lansing Zoning Board of Appeals; the Village of Lansing; and the Tompkins County Planning Department; and it is further RESOLVED, that the Town Clerk issue a copy of the proposed local law and SEAF Part 1 and it’s supporting EAF Map to each agency; and it is further RESOLVED, that this local law and the SEQRA materials be sent to County Planning with a request for a General Municipal Law §§ 239-l and –m review. The question of adoption of such proposed Resolution was duly motioned by Supervisor Edward LaVigne, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 20, 2016. RESOLUTION SCHEDULING PUBLIC HEARING FOR ADOPTION OF LOCAL LAW #7 OF 2016, AMENDING THE LAND USE ORDINANCE TO ADD § 1614 TO MAP AND CODIFY THE WOODLAND PARK PLANNED DEVELOPMENT AREA RESOLUTION 16-79 RESOLUTION SCHEDULING PUBLIC HEARING FOR ADOPTION OF LOCAL LAW #7 OF 2016, AMENDING THE LAND USE ORDINANCE TO ADD § 1614 TO MAP AND CODIFY THE WOODLAND PARK PLANNED DEVELOPMENT AREA The following Resolution was duly presented for consideration by the Town Board: April 20, 2016 48 WHEREAS, this proposed local law will amend the Town of Lansing Land Use Ordinance by adding § 1614 to Article XVI for the purpose of formally codifying, mapping, approving, and adopting Planned Development Area (“PDA”) #5 for the Woodland Park PDA, and by specifying the allowed land uses and related regulations for such PDA #5; and WHEREAS, the Town of Lansing Comprehensive Plan and Land Use Ordinance encourage the efficient use of land to promote sustainable and intelligent designs, such as a mixed and high-density residential development when near places of employment and where water and sewer infrastructure is available, and the Comprehensive Plan also recognizes that variable density housing helps control housing costs and promotes open spaces and recreational areas that also serve to benefit and define the community; and WHEREAS, PDA #5 was approved in or about 2010, by application of Cardamone Home Builders, Inc., Developer, as a residential subdivision with single family residences, a gated townhouse community area, and 7-8 acres of public and private use open spaces; and WHEREAS, the Final Plat Map for PDA #5 was filed in the Tompkins County Clerk’s Office upon September 7, 2011, as Instrument #580265-001, at Map Drawer RCG132 (the “Final PDA Plat”); and WHEREAS, a full environmental review occurred when the PDA was formed and no site changes, PDA amendments, or other changes have occurred in relation to such PDA, such that these are not comprehensive new regulations, do not affect changes to any land uses or districts, and as such uses have been allowed since 2010 and, even though over 25 acres, all uses have each been subjected to individualized SEQRA determinations, there is no change in use, such that this action is classified as an Unlisted Action under SEQRA; and WHEREAS, upon consideration of the foregoing, the Town Board of the Town of Lansing has duly resolved as follows: RESOLVED, that a Public Hearing will be held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being in the Town of Lansing, on the 18th day of May, 2016, at 6:39 pm, to consider the adoption of proposed Local Law #7 of 2016 – adding the Woodland Park PDA regulations to the Land Use Ordinance, to consider and review the environmental impacts thereof, and to thereat hear all persons interested in the subject thereof, and to take such action thereon as is required or permitted by law; and it is further RESOLVED, that the Town Clerk of the Town of Lansing, Tompkins County, New York, is hereby authorized and directed to cause a Notice of Public Hearing to be published in the official newspaper of the Town of Lansing, and also to post a copy thereof on the Town signboard maintained by the Town Clerk; and it is further RESOLVED AND DETERMINED, that this action is classified as an Unlisted Action pursuant to SEQRA, and in furtherance thereof: i. The Town Board of the Town of Lansing proposes to be the Lead Agency for uncoordinated environmental review as the Town of Lansing is the sole Involved Agency. ii. The Interested Agencies are determined to be: the Town of Lansing Planning Board; The Town of Lansing Zoning Board of Appeals; the Village of Lansing; and the Tompkins County Planning Department; and it is further RESOLVED, that the Town Clerk issue a copy of the proposed local law and SEAF Part 1 and it’s supporting EAF Map to each agency; and it is further RESOLVED, that this local law and the SEQRA materials be sent to County Planning with a request for a General Municipal Law §§ 239-l and –m review. April 20, 2016 49 The question of adoption of such proposed Resolution was duly motioned by Councilperson Doug Dake, duly seconded by Councilperson Katrina Binkewicz, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 20, 2016. RESOLUTION APPROVING AND AUTHORIZING ENCROACHMENT AGREEMENT TO CONTINUE AND ALLOW USE OF TOWN DRIVEWAY ON SALMON CREEK ROAD RESOLUTION 16-80 RESOLUTION APPROVING AND AUTHORIZING ENCROACHMENT AGREEMENT TO CONTINUE AND ALLOW USE OF TOWN DRIVEWAY ON SALMON CREEK ROAD WHEREAS, the Town recently learned that an old town access driveway to town-owned land on Salmon Creek Road actually crosses over an edge of neighboring lands, such that the town has been and is committing a trespass; and WHEREAS, as such land is about to be sold and the town’s encroaching driveway presents a title problem, the town and such bu yer have agreed that if the town will sign an encroachment agreement it may keep the driveway in its present location and not be required to move the driveway until the work can be scheduled or upon the happening of certain events as spelled out in such agreement, such as the failure of title or financing in the future; and WHEREAS, and after due deliberation upon this matter, and in respect of the recommendations of the Highway Superintendent, be it now hereby RESOLVED as follows: RESOLVED, that the encroachment agreement as presented to this meeting be and hereby is approved, and the Town Supervisor be and hereby is authorized to execute the same by, for, on behalf of, and in the name of the Town of Lansing. The question of adoption of such proposed Resolution was duly motioned by Councilperson Katrina Binkewicz, duly seconded by Councilperson Robert Cree, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 20, 2016. RESOLUTION APPROVING ADDENDUM TO COUNTRY ACRES ANIMAL CONTROL CONTRACT CLARIFYING ADOPTION FEES AS PROPERTY OF COUNTRY ACRES AND NOT PART OF TOWN FEE STRUCTURE RESOLUTION 16-81 RESOLUTION APPROVING ADDENDUM TO COUNTRY ACRES ANIMAL CONTROL CONTRACT CLARIFYING ADOPTION FEES AS PROPERTY OF COUNTRY ACRES AND NOT PART OF TOWN FEE STRUCTURE April 20, 2016 50 WHEREAS, NYSDAM recently inspected the Town’s ACO facilities and noted that the animal control contract should more particularly describe what is payable to the Town, and as the Town and NYS do not mandate adoption, even though the T own values that service as provided by its provider Country Acres, there is a need to execute an addendum to simply clarify that adoption fees are to be retained by Country Acres, as they always have, and to thus have § 6(f) of the contract amended accordingly; and WHEREAS, and after due deliberation upon this matter, be it now hereby RESOLVED as follows: RESOLVED, that the addendum so amending § 6(f) of the Town’s 2016 Dog Control and Shelter Agreement as presented to this meeting be and hereby is approved, and the Town Supervisor be and hereby is authorized to execute the same by, for, on behalf of, and in the name of the Town of Lansing. The question of adoption of such proposed Resolution was duly motioned by Councilperson Andra Benson, duly seconded by Councilperson Katrina Binkewicz, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 20, 2016. APPROVE AUDIT and BUDGET MODIFICATIONS RESOLUTION 16-82 Councilperson Robert Cree moved that the Bookkeeper is hereby authorized to pay the following bills and to make the following budget modifications. CONSOLIDATED ABSTRACT # 04 DATED _4/18/2016__ AUDITED VOUCHER #’s 277 - 381 PREPAY VOUCHER #’s 277 - 286 AUDITED T & A VOUCHER #’s 26- 37 PREPAY T & A VOUCHER #’s 26 - 30 FUND TOTAL APPROPRIATIONS GENERAL FUND (A&B) $ 84,226.07 HIGHWAY FUND (DA&DB) $ 33,953.20 LANSING LIGHTING (SL1, 2 &3) $ 1,364.75 LANSING WATER DISTRICTS (SW) $ 8,643.20 TRUST & AGENCY (TA) $ 46,843.89 LANSING SEWER DISTRICTS (SS1, SS3) $ 7,661.98 BONE PLAIN WATER TANK PROJECT (HB) $ 60,097.73 April 20, 2016 51 BUDGET MODIFICATIONS GENERAL A FUND April 20, 2016 FROM TO FOR AMOUNT A1990.400 A8750.401 FR CONTINGENCY TO AGRI DEVELP-CONTRACTUAL 2000.00 COMMITTEE MEETING STARTED BACK UP A1990.400 A1410.130 FR CONTINGENCY TO DEPUTY PERS SVCS 3500.00 UN BUDGETED TEMPORARY PERSONNEL A7180.100 A7310.110 FROM BEACH & POOL TO YOUTH -PERSONAL SVCS 140.00 UNANTICIPATED UMPIRE EXPENSES A7110.400 A7110.200 FROM PARKS CONTRACTUAL TO PARKS EQUIPMENT 24.98 UNDER BUDGETED BUDGET MODIFICATIONS CAPITAL PROJECTS (BONE PLAIN WTR TANK) HB FUND April 20, 2016 FROM TO FOR AMOUNT HB8397.400 HB8397.440 FROM OTHER TO LEGAL EXPENSES 120.00 UNANTICPATED LEGAL EXPENSES Supervisor Edward LaVigne seconded the motion and it was carried by the following roll call vote: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne - Aye Accordingly, the foregoing Resolution was approved, carried and duly adopted on April 20, 2016. BOARD MEMBER REPORTS Andra Benson Library Committee: Andra stated the Lansing Community Library had a written report and it was available as a handout. She noted they have more volunteers and there is a lot of energy. Andra stated they have more patrons every month taking out books, movies, and video games; they’re doing very well. Lansing Youth Services: Andra reported the Lansing Youth Services, middle school students, had their best Spaghetti Dinner ever. She noted the students did all of the serving. Andra stated last year they only had ninety three (93) people and for this dinner they had one hundred forty three (143). Agriculture Committee: Andra stated that Connie Wilcox already gave this report. April 20, 2016 52 Robert Cree ZBA Meeting: Robert reported the ZBA reviewed an application for a variance from Dollar General for a sign. He stated he was very impressed with the committee deliberations. Robert noted the ZBA was not in favor of granting the sign request variance. He thanked Lynn Day for putting tape on the wall to use as a visual for a 4 x 12 sign. Edward LaVigne Ed stated the new staff is good and responding nicely; very good communication. He noted that when the Town Board has questions or concerns they are communicating as adults. Ed reported he is giving the Town Board a lot to do and there are three more PDA’s to review. Doug Dake Water and Sewer Advisory Board: Doug reported they didn’t meet this month, but he reviewed some of Dave Herrick’s Engineer Report regarding CWD Expansion on Triphammer Terrace and the CWD Bone Plain Pressure Zone. He stated they are moving forward on Lansing Station Rd, but they are having trouble getting ahold of someone at Norfolk Southern to get water across the tracks. Katrina Binkewicz Grant Money: Katrina stated that with Charlie “Cricket” Purcell’s and Penny Crozier’s help they submitted the proposal for the Intermunicipal Grant. She reported the grant is to help with the Water Wagon Road drainage issues. Emergency Planning Committee: Katrina stated they did not meet, however she will meet with Dan Ferguson next week. Monthly Report The Supervisor submitted his monthly report for the month of March, 2016 to all Board Members and to the Town Clerk. TOWN COUNSEL REPORT Guy Krogh Guy reported the Town is overdue for an update on the Flood Plain Laws. He stated this is mostly to discourage development in flood plains and to be sure the construction standards are followed if there is building in a flood plain. Guy reported they are waiting for the new handbook from the New York Codes Division. Guy asked Supervisor Edward LaVigne to sign the Encroachment Agreement (Salmon Creek Road) and Access Easement (Cayuga Vista Drive). He stated the Access Easement will not be released until the Permissive Referendum period has expired and the No Referendum Certificate has been filed. ADJOURN MEETING TO WORK SESSION MEETING Meeting adjourned at the call of the Supervisor at 7:35 p.m. to enter the Work Session Meeting. April 20, 2016 53 WORK SESSION MEETING ITEMS OF DISCUSSION Draft Fund Balance Policy and Draft Reserve Fund Policy:  Proposed and updated adjustments to the second draft of the policies.  Key change was the fiscal and planning impacts of adjusting the 50-year building reserve plan to a more realistic 25-year plan to more closely match IRS rules, Local Finance Law § 11.00 timelines, and the realistic life expectancy of buildings before substantial repairs or upgrades are often needed.  Creation of reserve funds for real property acquisition and recreational development. MOTION TO ENTER EXECUTIVE SESSION Councilperson Andra Benson moved to ENTER EXECUTIVE SESSION TO DISCUSS CONTRACT MATTERS RELATING TO THE PURCHASE OR SALE OF LAND WHERE PUBLIC DISSEMINATION OF THE INFORMATION WOULD AFFECT THE PRICE AND TERMS OF THE CONTRACTS. AT 8:13 PM. Councilperson Katrina Binkewicz seconded the motion. All in Favor - 5 Opposed - 0 MOTION TO EXIT EXECUTIVE SESSION Councilperson Robert Cree moved to EXIT EXECUTIVE SESSION AT 8:22 PM. Councilperson Doug Dake seconded the motion. All in Favor - 5 Opposed - 0 RESOLUTION APPROVING APPRAISAL OF TOWN CENTER LANDS AND RELATED LANDS AND PARCELS RESOLUTION 16-83 RESOLUTION APPROVING APPRAISAL OF TOWN CENTER LANDS AND RELATED LANDS AND PARCELS WHEREAS, the Town had previously authorized funds for appraisals in relation to the Town Center development master plan, and an appraiser has been chosen and has submitted an estimated cost for the requested appraisals and evaluations; and WHEREAS, upon due deliberation thereupon by the Town Board of the Town of Lansing, be it now hereby RESOLVED as follows: RESOLVED, that the Town Supervisor be and hereby is authorized to sign an agreement with North East Appraisals, Ken Gardner, Appraiser, by, for, on behalf of, and in the name of the Town of Lansing for an appraisal of Town Center lands and related lands and parcels thereupon, all at a price not to exceed $7,700, and upon such standard appraisal agreement terms as the Town Attorney hereafter approves and the said Town Supervisor so consents to as based upon the execution thereof. The question of adoption of such proposed Resolution was duly motioned by Councilperson Robert Cree, duly seconded by Councilperson Andra Benson, and put to a roll call vote with the following results: Councilperson Andra Benson - Aye Councilperson Katrina Binkewicz - Aye Councilperson Robert Cree - Aye Councilperson Doug Dake - Aye Supervisor Edward LaVigne – Aye Accordingly, the foregoing Resolution was approved, carried, and duly adopted on April 20, 2016. April 20, 2016 54 ADJOURN MEETING Meeting adjourned at the call of the Supervisor at 8:23 p.m. Minutes taken and executed by the Town Clerk. Work Session minutes were taken by Guy Krogh, Town Counsel and executed by the Town Clerk. Respectfully submitted, Deborah K. Munson Town Clerk