HomeMy WebLinkAbout2005-04-2077
REGULAR TOWN BOARD MEETING
Date: April 20, 2005
Time: 7:00 p.m.
Place: Lansing Town Hall Board Room
AGENDA
1. Call Meeting to Order
2. Roll Call
3. Pledge of Allegiance
4. Continuation of Public Hearing — Cell Tower on Searles Road
5. Privilege of the Floor
a) Anyone wishing to address the Board.
6. Request for Water District — Lansing Station
7. Engineer's Report
8. Code Officer's Report
9. Highway Superintendent's Report
10. Parks & Recreation Department Report
11. Approve Audit
12. Approve Minutes of March 16`h and April 6`h, 2005
13. Executive Session if needed
14. Adjourn Meeting
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April 20, 2005
The Lansing Town Board met in Regular Session at the Lansing Town Hall
Boardroom at 7:00 p.m. with Supervisor Farkas presiding.
The Supervisor called the meeting to order and had the clerk take the Roll Call.
ROLL CALL
Stephen Farkas Supervisor Present
Marty Christopher Councilperson Present
Doug McEver Councilperson Present
Bud Shattuck Councilperson Present
Connie Wilcox Councilperson Present
Bonny Boles Town Clerk Present
Guy Krogh Town Attorney Present.
The Supervisor lead all present in the Pledge of Alegiance.
VISITORS: Jack French, Steve Colt, Jeannine Kirby, Rachel Jacobsen, Darby Kiley,
John and Pam Coil, Debra Bain, Deborah Burke, Damon Hobbs, Doug Dimitrof, Jack
McNamara, Bill Stark, Ross Benson, Danna Kinsey, David Taube, Marisue Taube, Larry
Zuidema, Ed and Rebecca Valley, Bill Stark, Don Bordenet and about 5 other residents.
I0 OR
ON
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05 -71 RESOLUTION, offered by Mr. McEver and seconded by Mr. Shattuck:
RESOLVED, that the Public Hearing on the proposed cellular tower on Conlon Road is
hereby opened for continuation from March 16, 2005 at 7:05 p.m.
Mr. Doug Dimitrof gave an overview and answered questions that were asked in a letter
from the Town Attorney at the March 16, 2005 meeting as follows:
Comments / Ouestions Kaisea in
We offer the following in response to the comments and questions raised in the January
21St Letter. The numbered paragraphs below correspond to the paragraphs of the January
2151 Letter.
1. It is my understanding that a representative of Pyramid Network Services, the site
acquisition firm working on behalf of Cingular Wireless, has explained the area in and
around the Town that is targeted for coverage by Cingular Wireless, and has submitted to
the Town three (3) radio frequency ( "RF ") maps showing the "gap" in existing coverage,
and the predicted coverage from the proposed site.
Cingular Wireless RF engineers are preparing additional documentation, which will be
provided to the Town shortly, further demonstrating its need to construct the Project at
the Proposed Site.
2. With respect to the request raised in paragraph "2 ", we respectfully suggest that
the Telecommunications Act affirmatively preempts local governments from requiring a
performance guarantee or other form of regulation of RF interference. See Freeman v.
Burlington Broadcasters, Inc., 204 F.3d 311 325 (2d Cir. 2000)( "allowing local zoning
authorities to condition construction and use permits on any requirement to eliminate or
remedy RF interference' stands as an obstacle to the accomplishment and execution of
the full purposes and objectives of Congress "). The FCC has also ruled similarly. See
FCC Decision In the Matter of Petition of Cingular Wireless LLC for a Declaratory
Ruling that Provisions of the Ann Arundel County Zoning Ordinance are Preempted as
Impermissible Regulation of Radio Frequency Interference Reserved Exclusively to the
Federal Communications Commission; Docket No. 02 -100 released July 7, 2003.
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Continued, April 20, 2005
3. I understand the Construction Drawings with Site Plan and Existing Conditions
Survey, prepared by DDS Engineers and dated on or about October 26, 2004
( "Drawings ") were Exhibit for your reference. I also understand that the Planning
Board, at its November 8, 2004 meeting, approved these final plans.
4. We agree that the Town must comply with SEQR. Further, we understand that a
negative declaration has been issued. It is our view that the Tompkins County comments,
as set in its letter to the Town Code Enforcement Officer dated January 19, 2005, have no
impact upon any determination of significance under SEQR. In terms of the agricultural
district issue, because the Project utilizes such minimal amounts of land, the impact to
farming will not be significant. We attach hereto as Exhibit C a copy of the revised full
environmental assessment form with visual addendum.
5 and 6. As noted in paragraph "1" above, we will forward additional written
documentation to respond to these comments.
7. We are in the process of obtaining information concerning Cingular Wireless's
maintenance schedule and we will provide such information as soon as it is available.
8. It is our understanding that a "Review of Electromagnetic Fields" prepared by a
Cingular Wireless RF Engineer was submitted to the Town. As requested by the Town,
we expect to have available at the Town Board meeting on April 20, 2005 a Cingular
Wireless RF Engineer the Proposed Facility and answers to questions concerning such
emissions.
9. Cingular Wireless will comply with all lawful requirements under the Town
Ordinance.
10. Cingular Wireless has agreed in its lease with its landlord to remove the tower and
related structures within 90 days of its abandonment of the site. Attached hereto as
Exhibit D is a redacted copy of the lease confirming the foregoing.
* * * Complete copy of correspondence from Douglas Dimitrof is on file in the Town
Clerk's Office.
Damon Hobbs gave an overview of how a site is picked and how it is designed.
Mrs. Searles stated that currently 45 acres, of the 75 acre parcel is being farmed.
Mr. Dimitrof stated that the tower would take up 4,500 square feet.
Mr. Larry Zuidema stated that within a mile, there is a spot that is 100 feet higher
than the proposed site. He asked why this couldn't be used and a shorter tower be placed
there. Mr. Hobbs stated that the terrain makes this unpractical.
Mr. Farkas stated that Tompkins County is in the middle of developing a 20
million - dollar emergency communication project. They are looking at co- location but it is
Mr. Farkas' understanding that there is no location in the Town of Lansing. He will find
out more about the County's proposed project at a meeting that will be held on Monday.
Mr. Zuidema stated that there would be approximately $500,000.00 worth of
equipment on this site if it goes through and was interested how much the taxes would be
and who would be paying theses taxes. Mr. Dimitrof stated that it is written in the lease
that Cingular Wireless would be responsible for paying the taxes. The County
Assessment Department will be contacted to see what effect this would have on the
proposed property and the surrounding properties.
Mr. Shattuck stated that additional site plan review would be needed later if
additional carriers were added. Mr. Dimitrof agreed to this as he said this would be the
responsibility of the additional carrier.
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Continued, April 20, 2005
05 -072 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. McEver:
RESOLVED, that the Public Hearing be adjourned at 8:15 p.m. and be
reconvened on May 18, 2005 at 7:05 p.m.
Carried.
Public HearinIZ on Proposed Subdivision Changes:
05 -73 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher:
RESOLVED, that the Public Hearing on the proposed sub - division changes is
hereby opened at 8:16 p.m.
Carried.
Mr. Shattuck went over what the Planning Board has been working on regarding
the proposed subdivision changes. Mr. Krogh stated that he would like to have the
resolution state that the Town goes with the super session power, which would allow
Town Law to override New York State Law. The Board agreed.
05 -74 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. McEver:
RESOLVED, that the Public Hearing on the proposed subdivision changes is
hereby closed at 8:21.p.m.
Carried.
RESOLUTION 05 -075
Resolution Adopting "SUBDIVISION RULES AND REGULATIONS OF THE
TOWN OF LANSING"
Local Law Number 3 of 2005
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 20th day of April, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson; and the following members being absent: none; and the following motion
for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded
by Douglas McEver; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck
— aye, Douglas McEver — aye; Connie Wilcox — aye; Martin. Christopher — aye; and the
following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, at the request of the Town Board the Planning Board has worked for over 6
years to update the Town of Lansing Subdivision Regulations, and has sought and
incorporated the advice of the Town Board, the public, the ZBA, the Code Enforcement
Office, the Town's counsel, and others; and
WHEREAS, a proposed Local Law has been generated and reviewed that will formalize
such regulations; and
WHEREAS, said proposed Local Law proposes to: (1) regulate the orderly, efficient and
economical development of the Town of Lansing; (2) define certain specific words and
terms; (3) define those subdivisions that require Planning Board and /or Town Board
action; (4) provide for informal developer conferences; (5) provide the requirements for
sketch plans; (6) provide for classifications of plans and proposed subdivisions; (7) define
when public hearings are required; (8) identify preliminary plat requirements and
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Continued, April 20, 2005
procedures; (9) identify final plat requirements and procedures; (10) identify the nature of
review and applicability of SEQRA; (11) identify procedures for the certification and
endorsement of plats; (12) address requirements for dedications, open spaces and the
creation of roadways, lot lines, and similar plat features; (13) provide for the application
of MS4 requirements; (14) provide rules for flag lots; (15) provide for design and
development standards, including phased development; (16) define roadway, intersection,
road construction, block and lot requirements; (17) provide for variance and modification
procedures; (18) allow clustered subdivisions and design innovations; (19) provide for
civil and criminal penalties and fines for the violation of the Local Law, including the
imposition of a sentence of incarceration; (20) provide for equitable relief and stop work
orders; and (21) provides related details concerning all of the above; and
WHEREAS, the Town has considered and carefully reviewed the requirements of the
Town Law relative to subdivisions and the unique needs of the Town due to the
topography, the lake, the soil types and distributions, and other natural features inherent
in the Town, and the Town has taken into account the growth rate in the Town and, for
these and many other reasons, the Town believes it is in the best interests of the Town to
supersede the Town Law as pertains to subdivisions; and
WHEREAS, after due and proper publication, posting and notice thereof, a public
hearing was held at the Lansing Town Hall, 29 Auburn Road, Lansing, New York, being
in the Town of Lansing, on the 20th day of April, 2005, at 8:00 o'clock P.M., to consider
the aforesaid Local Law, and to hear all persons interested in the subject thereof, and to
take such action thereon as is required or permitted by law; and
WHEREAS, upon a review and discussion of the matter, and upon consideration of the
evidence and information gathered at said public hearing, the Town Board of the Town of
Lansing has hereby
RESOLVED, that the Town hereby exercises its powers of super session as granted to it
under the New York State Constitution at Article IX and by the Municipal Home Rule
Law § 10, and hereby declares that the following Local Law shall supersede the Town
Law and related New York State laws, rules and regulations that pertain to the
development of subdivisions in the Town of Lansing, particularly to the extent the New
York State Town Law is inconsistent with or less restrictive than this Local Law;
declaring further, however, that should super session be deemed impermissible as to any
requirement or provision of this Local Law, then and in such event, the Town Law shall
be controlling; and it is further
RESOLVED, that the Town Board of the Town of Lansing, in its capacity as governing
body of the Town of Lansing, does hereby pass, adopt and approve Local Law Number 3 of
2005, as set forth in its entirety below:
"LOCAL LAW NUMBER 3 OF 2005
SUBDIVISION RULES AND REGULATIONS
OF THE TOWN OF LANSING
History — there are no prior Subdivision Local Laws or Ordinances, and this Local Law
hereby supersedes the prior Rules and Regulations pertaining to subdivisions as
previously adopted by the Town of Lansing and the Town of Lansing Planning Board.
The Town Board of The Town of Lansing, New York, pursuant to a Resolution dated
April 20, 2005, does hereby pass a Local Law as follows:
ARTICLE 1. AUTHORITY & PURPOSE. This Local Law is adopted pursuant
to the authority granted the Town of Lansing in Section 10 of the Municipal Home Rule
Law, Sections 130 and 276 of the Town Law, and Article 16 of the Town Law. It is
declared to be the policy of the Town of Lansing to consider land subdivisions as part of
a plan for the orderly, efficient and economical development of the Town of Lansing.
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Continued, April 20, 2005
The purpose of these rules, regulations and standards contained in this Local Law are (1)
to promote the safe, sanitary and efficient subdivisions of land within the Town of
Lansing; (2) regulate such subdivision of land in a manner which will result in orderly
growth and development, adequate provision of municipal services, and the safe
movement of vehicular and pedestrian traffic; and to establish minimum standards and
requirements by which land in the Town of Lansing is to be subdivided. Pursuant to the
New York State Town Law Sections 271 and 276, the Town of Lansing hereby
empowers the Town of Lansing Planning Board, and other Town of Lansing officials, to
act pursuant to this Local Law to review and, where appropriate, approve the subdivision
of land in the Town of Lansing.
ARTICLE 2. TITLE: This Local Law shall be known as the "Town of Lansing
Subdivision Law."
ARTICLE 3: CONSTRUCTION & DEFINITIONS:
Sec. 301 Conflict of Standards: Should any provision, clause,
requirement, or term of this Local Law conflict with or be inconsistent with any
provision of the New York State Town Law, this Local Law shall apply and shall
be deemed to supersede the New York State Town Law pursuant to the powers
granted to the Town of Lansing by the New York State Constitution, Article IX,
and the Municipal Home Rule Law, § 10.
Sec. 302 Definitions: Certain specific words and terms hereafter used in
this Local Law are to be interpreted in accordance with the definitions hereafter
set forth, including the plural versions of such words.
Boundary Chan $te: Any change in the boundary of any Lot or parcel not creating
a new or additional parcel and not creating a non - conforming parcel.
Conditional Negative Declaration: A determination after an environmental
review, including SEQR, that any action may include the potential for at least one
significant adverse environmental impact, but that the mitigation measures
identified and required by the Lead Agency will modify the proposed action so
that no significant adverse environmental impacts will result from the proposed
action.
Date of Certification: The date upon which a Final Plat is certified.
Date of Presentment: The date upon which a Subdivider submits a completed
Preliminary Plat.
Date of Submission: The date upon which a Subdivider submits the completed
Final Plat of all or a portion of a subdivision, with all the required data,
documentation and approvals.
DEIS: A Draft Environmental Impact Statement as defined and /or required by
SEQR.
Double Frontaize Lot: Any lot, other than a corner lot, that has frontage on more
than one road right -of -way.
EAF: An Environmental Assessment Form as defined and /or required by
SEQRA.
Easement: A permanent authorization affecting real property, given by a property
owner, for the use of a designated portion of his property by another for a specific
purpose.
EIS: an Environmental Impact Statement as defined and/or required by SEQR.
Continued, April 20, 2005
Enforcement Officer: Any person designated by the Town to make any
determinations permitted, authorized, or required in this Local Law.
Environmental Review: Any review mandated by law, and including, but not
limited to, a review pursuant to the New York Environmental Conservation Law
and 6 NYCRR Part 617, commonly known as SEQRA.
FEAF: A "Full Environmental Assessment Form" or environmental impact form
required for Type I actions and certain unlisted actions as defined in or as required
by SEQRA.
Fee Schedule: Any town fee schedule then or currently in effect.
FEIS: A "Final Environmental Impact Statement" as defined by or required by
SEQRA.
Final Plat: The final map of all or a portion of the subdivision, with all required
supporting data, documentation, and approvals, which, if approved, could be
endorsed by the Planning Board and filed in the County Clerk's office.
Flag Lot: A flag lot is a building lot of required area that exists or is created on
back acreage or landlocked acreage that would lack the minimum road frontage
for a normal building lot. Shapes of flag lots are generally in the shape of a
flagpole, with the pole being the driveway.
Infrastructure: Roads, drainage, culverts, bridges and utilities, and other and
similar items used principally to support development of Lots and Subdivisions.
Lead Agency: The Person so designated pursuant to SEQR who is generally
responsible for conducting an Environmental Review and coordinating, together
with other involved agencies (and /or, if applicable, other interested agencies) the
SEQR process under SEQRA.
Lot: Any parcel, plot, site or tract of land separated from other parcels, plots, sites
or tracts by description as on a subdivision map, or record of survey map, or by
metes and bounds.
Negative Declaration: A determination after an Environmental review that there
are no significant adverse environmental impacts, as defined in SEAR.
Performance Guarantee: A form of security approved by the Town that has the
effect of providing a guarantee that all improvements to be made by the
Subdivider will be made and constructed in accord with the requirements of this
Local Law, 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, and other or similar
collateral or surety agreements.
Person: Any individual, firm, partnership, agency, association, corporation,
company, or entity or organization of any kind.
Planning Board: The Planning Board of the Town.
Positive Declaration: A determination after an Environmental review that an
action or a proposed project will result in significant adverse environmental
impacts, as defined in SEQRA, and that such action or proposed project will
require an EIS.
Continued, April 20, 2005
Preliminary Plat: Drawing(s) submitted for Planning Board review clearly
marked "Preliminary Plat" that show the proposed layout of the subdivision and
that contain all the supplementary data required by this Local Law.
Road: Any street, avenue, boulevard, lane, parkway, alley or other way which is
an existing State, County, or Town roadway, or a proposed State, County, or
Town roadway as shown on the Town Master Plan, any plat, or as duly filed and
recorded in the office of the County Clerk. Roads include all land in rights -of-
way, whether improved or unimproved.
SE R: The process of conducting a review under and pursuant to SEQRA.
SE RA: The New York State Environmental Quality Review Act and the
regulations promulgated thereunder or in association therewith, such as the
regulations at 6 NYCRR Part 617.
Sketch Plan: Any drawing(s) of the proposed subdivision made with sufficient
accuracy and detail to be submitted to the Planning Board for the purpose of
discussion and classification in accordance with the provisions of this Local Law.
Subdivider: Any person or entity, and any agent thereof, who seeks to or does
subdivide land, or proposes any subdivision of land.
Subdivision: The division of any lot, tract or parcel of land into two or more
parcels, lots, plots, tracts, sites or other form of division of land for any purpose,
whether immediate or future, and whether or not new buildings or development is
planned or may occur.
Town: The Town of Lansing, Tompkins County, New York, and whenever
applicable or permitted, the elected officials, officers, superintendents, assistant
superintendents, employees and agents of the Town.
Town Board: The Town Board of the Town.
ARTICLE 4: PROCEDURES FOR FILING A SUBDIVISION
APPLICATION:
Sec. 400. Purpose & Applicability: The purpose of this Article is to set
forth the step -by -step actions that shall be followed for a subdivision of land in
the Town of Lansing. All subdivisions shall require Town approval, including (1)
any parcel that is divided so as to create any new lot that is less than three acres in
area or that has less than 300 feet of frontage on a public Road; and (2) any parcel
that is divided so as to create one or more lots, any one of which will require a
new public or private road or the extension of public water or sewer mains or
other Infrastructure; and (3) any second division of a parcel within a Subdivision
into any number of Lots or, (4) any re- subdivision, in whole or in part, of any
plot, whether filed or unfiled, that is entirely or partially undeveloped. Town
approval may be provided by the Enforcement Officer, the Planning Board,
and /or the Town Board, depending upon the classification of the proposed
Subdivision.
Sec. 401. Informal Consideration — Developer's Conference: Prior to
developing plans or submitting any Sketch Plan of a Subdivision, the Subdivider
may wish to discuss with the Planning Board the scope and intent of the proposed
Subdivision. The purpose of such a meeting is to give the Subdivider an
opportunity to consult with the Planning Board informally at an early stage.
Sec. 402. Sketch Plan Submission:
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Continued, April 20, 2005
A. APPLICATION MATERIALS: Prior to subdividing or re-
subdividing any Lot, the Subdivider shall submit 14 copies (reduced to
approximately half size) of a Sketch Plan of such proposed subdivision
and all supplementary material specified in Section 501, along with a
written request for approval, to the Enforcement Officer. Such Sketch
Plan and written request shall be submitted at least 10 business days prior
to the Planning Board meeting at which it the Sketch Plan may be
considered. A Sketch Plan submission shall be accompanied by a fee in
accordance with the Fee Schedule then in effect. No Sketch Plan
application will be or be deemed complete until all requirements of this
Section 402.A. have been met. Once all such requirements are met and
such fee paid, the Enforcement Officer shall promptly transmit the Sketch
Plan application and materials to the Planning Board.
B. SKETCH PLAN MEETING: The Planning Board will discuss the
Sketch Plan with the Subdivider, and will address issues such as existing
development, public facilities and services, the Town Comprehensive
Plan, adjacent landowners, community concerns and issues, site issues,
and requested, potential, and /or required changes to the Sketch Plan. The
meeting may be adjourned to allow the Subdivider to develop final Sketch
Plans and to submit any additional data deemed necessary by the Planning
Board.
C. CLASSIFICATION OF SKETCH PLAN: Once a final Sketch
Plan has been developed and submitted, the Planning Board shall classify
the Sketch Plan. The Planning Board may require a public hearing. The
Planning Board must classify a Sketch Plan as either (1) a one lot
Subdivision, (2) a minor Subdivision, or (3) a Major Subdivision. Such
classification shall be based on, but need not be limited to, the following
criteria: location in the Town, frontage on Roads, the creation of new
Roads, and /or the need for additional Infrastructure. Any Subdivision that
possesses any one or more characteristics of a major Subdivision, or that
may be classified as a major Subdivision, shall require a public hearing.
D. NOTIFICATION OF CLASSIFICATION: The Planning
Board shall notify the Subdivider of any classification decision within 10
business days of such decision. If the Subdivision is classified as a major
subdivision, Preliminary Plat and Final Plat approval, as described in this
Article 4, shall be mandatory.
E. NOTIFICATION REQUIREMENTS FOR PUBLIC HEARINGS:
In the event of the scheduling of any public hearing, the Enforcement
Officer shall notify all Persons residing or owning land within 600' of the
boundary of the Lot proposed to be subdivided. The determination of
which Persons are entitled to notification of any public hearing shall be
based upon the records of land ownership possessed by the Tompkins
County Assessment Office. All public notice publication, posting and
mailing fees and expenses incurred by the Town, together with all mailing
charges to any Persons entitled to notice hereunder, shall be the
responsibility of the Subdivider. The minimum fee for such notification
services is $45.00. All public hearings shall require publication of notice
thereof at least 14 days in advance of the public hearing in accordance
with applicable law.
Sec. 403. Maior Subdivision - P
A. APPLICATION MATERIALS: Following Planning Board action
on a Sketch Plan, the Subdivider shall submit 2 full size and 14 reduced
copies of a Preliminary Plat and supplementary material as specified in
Section 502, along with a written request for approval, to the Enforcement
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Continued, April 20, 2005
B. Officer. The Preliminary Plat shall be submitted at least 10'
business days prior to the Planning Board meeting at which it is to be
considered. All drawings shall be clearly marked "Preliminary Plat ".
Submissions shall be accompanied by a fee in accordance with the Fee
Schedule then in effect. No Preliminary Plat application will be or be
deemed complete until all requirements of this Section 403.A. have been
met. Once all such requirements are met and such fee paid, the
Enforcement Officer shall promptly transmit the Preliminary Plat
application and materials to the Planning Board.
C. PRELIMINARY PLAT MEETING: The Preliminary Plat drawing
shall be reviewed by the Planning Board for compliance with any Sketch
Plan conditions or requirements, and for compliance with the provisions,
conditions and requirements of this Local Law. In the event the Planning
Board determines that there is any missing or incomplete information or
data, or that any provision, condition, or requirement is missing,
incomplete, or inadequately addressed, the Planning Board may return the
Preliminary Plat drawing and /or application materials to the Subdivider.
The Planning Board may also, but is not required to, make or provide
suggestions as to how to bring the Preliminary Plat drawings or materials
into compliance.
D. FINAL PRELIMINARY PLAT /DATE OF PRESENTMENT: If
or once the Preliminary Plat has been declared by the Planning Board as a
final Preliminary Plat, such date of declaration shall be and be deemed the
Date of Presentment. A final Preliminary Plat shall not be a complete or
completed Preliminary Plat until, in accordance with Town Law Section
276(5)(c), the final Preliminary Plat has been subjected to the
requirements of SEQRA and a Negative Declaration or Conditional
Negative Declaration is filed, or until a notice of completion of a DEIS has
been filed- in accordance with the requirements of SEQRA. All time
periods for review of a completed Preliminary Plat shall not begin to run
until these Section 276(5)(c) have been fulfilled.
E. REFERRAL OF PRELIMINARY PLAT: The Enforcement
Officer shall forthwith and promptly refer the completed Preliminary Plat
(1) to the County Planning Department, in compliance with Section 239k,
and related provisions, of the General Municipal Law, and (2) to the Town
Board, for a review of the Roads and Infrastructure so as to assure
compliance with Town specifications, planning, and requirements.
E. PREREQUISITES TO APPROVAL OF PRELIMINARY PLAT:
The Planning Board shall not approve any preliminary Plat until each and
all of the following prerequisites have been adequately met:
1. The Town Board has approved the specifications, locations,
and plans for each and all proposed Roads and Infrastructure;
2, The Planning Board has scheduled and held a public hearing on the .completed
Preliminary Plat (such public hearing may, in the discretion of the Planning
Board, run concurrently with SEQRA public hearings as required by
Subparagraph F. below). Public hearing(s) must be held within 45 days of the
Date of Presentment. The public hearing shall be advertised in a newspaper of
general circulation in the Town at least 14 days before such hearing. In all cases,
the Planning Board shall close such hearing upon motion within 120 days of the
date the hearing was first opened. The Enforcement Officer shall notify all
Persons residing or owning land within 600' of the boundary of the Lot proposed
to be subdivided. The determination of which Persons are entitled to notification
of any public hearing shall be based upon the records of land
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Continued, April 20, 2005
ownership possessed by the Tompkins County Assessment Office. All public
notice publication, posting and mailing fees and expenses incurred by the Town,
together with all mailing charges to any Persons entitled to notice hereunder, shall
be the responsibility of the Subdivider. The minimum fee for such notification
services is $45.00.
30 The Planning Board, or applicable Lead Agency, shall have conducted an
Environmental Review and issued a Negative Declaration or a Conditional
Negative Declaration. If a Positive Declaration is declared, the Preliminary Plat
shall not be approved until the EIS is submitted and reviewed, and a FEIS is
Submitted and approved.
F. SEQRA: A SEQR hearing shall be required for all Preliminary Plats.
1. It shall be the responsibility of the Planning Board to
identify all involved and interested agencies, and to initially
identify and select a Lead Agency.
2. It shall be the responsibility of the applicant to submit a
proper and complete EAF.
3. The Planning Board shall schedule and open the SEQR
public hearing within 45 days of the Date of Presentment. The
public hearing shall be advertised in a newspaper of general
circulation in the Town at least 14 days before each hearing, and
any continuation of any public hearing.
4. In all cases, the Planning Board shall close such public
hearing, upon motion therefor, within 120 days of the date the
hearing was first opened.
5. All public notice publication, posting and mailing fees and
expenses incurred by the Town, together with all mailing charges
to any Persons entitled to notice hereunder, shall be the
responsibility of the Subdivider. The minimum fee for such
notification services is $45.00.
6. If the Planning Board determines that an EIS is required
and holds a public hearing upon the DEIS, the FEIS must be filed
within 45 days of the close of the public hearing. If no public
hearing is held on the DEIS, the FEIS shall be filed within 45 days
of the close of the public hearing on the Preliminary Plat.
G. DETERMINATION DEADLINES: Within 62 days after the date
of the close of the SEQR public hearing, the Planning Board shall either
approve the Preliminary Plat, approve the Preliminary Plat with
conditions, or reject the Preliminary Plat. Such determination shall be
made in accord with this Local Law, the laws of the State of New York,
the Land Use Ordinance then in effect in the Town, the Town
Comprehensive Plan, and the following additional considerations and
factors:
1. If any of the Prerequisites listed in Section 403.E. are not
met, then the Planning Board shall reject the Preliminary Plat,
2. If the Lead Agency makes a Positive Declaration, then the
Preliminary Plat shall be deemed rejected until the
requirements of SEQR are met, including but not limited to
Continued, April 20, 2005
the completion, submission and review of any DEIS, EIS and /or
FEIS. If an EIS is required, the Lead Agency must make its
findings statement on a FEIS and make its determination upon the
Preliminary Plat no sooner than 10 days after receipt of the FEIS
from the applicant, and no later than 30 days after receipt of the
FEIS from the applicant, pursuant to Town Law Section 276(5).
3. If the Lead Agency makes a Negative Declaration, the
Planning Board may reject the Preliminary Plat, approve the
Preliminary Plat, or approve the Preliminary Plat with conditions.
All grounds for rejection, and the terms and grounds of any
conditional approval, shall be stated in the records of the Planning
Board.
H. AUTOMATIC APPROVAL: In the event the Planning Board fails
to take action on the Preliminary Plat within 45 days of the Presentment
Date, such Preliminary Plat shall be deemed to have received preliminary
approval, subject to the requirements of SEQRA and SEQR. This
deadline may be extended by the written mutual agreement of the
Subdivider and the Planning Board,
I. APPROVAL PROCEDURES: The Planning Board shall state the
conditions of such approval, if any, with respect to (1) any changes or
conditions required before the Preliminary Plat may be submitted for
consideration as a Final Plat, and (2) the character and extent of the
required improvements for which variances have been granted. The action
of the Planning Board, as recorded in its minutes, plus any changes,
conditions, or variances (as noted above) shall be noted on, or attached to,
three copies of the Preliminary Plat. One copy shall be returned to the
Subdivider, one retained by the Planning Board, and one retained by the
Enforcement Officer. A copy of the Planning Board Resolution granting
approval of the Preliminary Plat, together with a copy of the final
Preliminary Plat, shall be filed in the Office of the Town Clerk within 5
days of adoption, and a copy of such Resolution shall be mailed to the
applicant pursuant to Town Law Section 276(7).
J. LIMITATIONS UPON APPROVAL: Approval of a Preliminary
Plat shall not constitute approval of the Final Plat. Rather, it shall be
deemed an expression of general approval of the design submitted on the
Preliminary Plat as a guide to the preparation of the Final Plat, which will
be submitted for approval of the Planning Board and for recording with
the County Clerk. Prior to approval of the Final Plat, the Planning Board
may require additional changes as a result of further study of the
Subdivision, or as a result of any new information discovered, disclosed,
or obtained.
K. WAIVER OF APPROVAL BY SUBDIVIDER: A completed
Final Plat application must be submitted within 6 months of the date of
approval of the Preliminary Plat. If the Subdivider fails to meet this
deadline, then the approval of the Preliminary Plat is and shall be
automatically revoked, without need of any formal action by the Town,
unless the Subdivider formally requests and is granted an extension of
such deadline by the Town. The Town may withhold its consent for a
deadline extension for any or no reason, without recourse by the
Subdivider or any Person.
Sec. 404. Final Plat Submission:
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1 •
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Continued, April 20, 2005
A. TIMING & APPLICATION REQUIREMENTS: The proposed
Final Plat for the Subdivision shall be submitted to the Enforcement
Officer for transmittal to the Planning Board within 6 months from the
date of approval of the Preliminary Plat. No action on a Preliminary Plat
shall be taken until the Code Officer declares that the application is
complete and final. All proposed Final Plats shall be prepared, signed, and
sealed by a land surveyor licensed in the State of New York. The proposed
Final Plat shall be submitted to the Enforcement Officer at least 10
business days prior to the Planning Board meeting at which it is to be
considered. Two full size and 14 reduced copies of the proposed Final
Plat drawing, the written request for approval, and all supporting
documents as specified in Section 503 of this Local Law shall be
submitted. All submissions shall be accompanied by a fee in accordance
with the Fee Schedule then in effect. No Final Plat application will be or
be deemed complete until all requirements of this Section 404.A. have
been met. Once all such requirements are met and such fee paid, the
Enforcement Officer shall promptly transmit the proposed Final Plat
application and materials to the Planning Board. The date that the
completed Final Plat application, fee, and materials are submitted to the
Enforcement Officer shall be and be deemed the Date of Submission.
B. FINAL PLAT REQUIREMENTS: The Final Plat shall conform
substantially to the approved Preliminary Plat. If the Subdivider so
desires, and upon approval by the Planning Board, the Final Plat may
consist of only that portion of the Preliminary Plat that is to be developed
and recorded at the time, provided that the Planning Board is satisfied that
approval by phases will lead to the orderly development of the entire plat.
Each subsequent phase shall be reviewed under and pursuant to the then
current Town requirements at the time the subsequent phases are
submitted.
C. PUBLIC HEARING: Within 45 days of the Date of Submission, a
second public hearing may be held by the Planning Board. This hearing
shall be advertised in a newspaper of general circulation in the Town at
least ten 10 days before such hearing. All public notice publication,
posting and mailing fees and expenses incurred by the Town, together
with all mailing charges to any Persons entitled to notice hereunder, shall
be the responsibility of the Subdivider. The minimum fee for such
notification services is $45.00. If a Final Plat submitted to the Planning
Board is determined not to be in substantial compliance with the approved
Preliminary Plat, the Planning Board shall hold a public hearing on the
Final Plat, and the Final Plat must undergo a de novo review pursuant to
SEQRA (and the procedures outlined in Section 403 relative to public
hearings and SEQRA public hearings shall apply to the Final Plat). Such
public hearing shall be scheduled and conducted within 62 days after
receipt of the proposed Final Plat.
D. DETERMINATION DEADLINE: The Planning Board shall act
on a Final Plat within 62 days of the later of either the Date of Submission
of the Final Plat or the close of any SEQR public hearing upon the Final
Plat, if required. By resolution, the Planning Board may approve,
conditionally approve, or disapprove the Final Plat. Any resolution to
conditionally approve a Final Plat shall only authorize endorsement of said
Plat when (1) each and all of the conditions stated in the resolution have
been met, and (2) all proposed improvements have been completed on the
plat or, if permitted by the Planning Board, appropriate guarantees of
completion have been referred to and approved and accepted by the Town
Board (though conditional approval still allows certification of the
conditionally approved Final Plat). This deadline may be extended by the
written mutual agreement of the Subdivider and the Planning Board.
• '
Continued, April 20, 2005
E. AUTOMATIC APPROVAL: If the Planning Board fails to act
upon the Final Plat within the time period specified above, the Final Plat
shall be deemed approved, subject to SEQR. In such case, the
Enforcement Officer shall issue a certificate as to such failure to take
action. Such certificate shall be sufficient in lieu of approval and
endorsement of the Final Plat, and shall enable the Subdivider to file the
Final Plat in accordance with Section 405 of this Local Law, subject to
SEQR and SEQRA.
F. CERTIFICATION OF FINAL PLAT: Within 7 business days
from a Planning Board resolution of approval, the Final Plat shall be
certified by the Chairman of the Planning. Board (or by any other Person
so designated by the Planning Board). A copy thereof shall be delivered
to the Subdivider, together with a copy of that section of the minutes that
contains the approval or conditional approval-of the Final Plat. The date
that the Chairman (or other approved Person) certifies the Final Plat shall
be the Date of Certification.
Sec. 405. Filing of Approved and Endorsed Final Plat:
A. ENDORSEMENT DEADLINE: Within 180 days after the Date of
Certification all conditions are required to be fulfilled and all
improvements shall be made or suitably guaranteed pursuant to Section
70' ) of this Local Law. If the Subdivider fails to fulfill such conditions or
make or guarantee such improvements within such 180 days, the Final Plat
may not be endorsed unless the Subdivider re- submits the proposed Final
Plat for review under this Local Law. If the Subdivider fulfills all required
conditions and makes or suitably guarantees all improvements, then the
Final Plat, or any section thereof, shall be endorsed by the Chairman of the
Planning Board (or a duly authorized. Person appointed by the Planning
Board). If for any or no reason a Final Plat is not endorsed within 180
days of the Date of Certification, any approval or conditional approval
shall expire. The Planning Board may extend this time period, but such
extension shall not exceed two consecutive 90 -day periods.
B. ENDORSEMENT REQUIREMENTS: The endorsement of the
Final Plat shall not occur until:
1. The Town Board has reviewed and accepted all land
proposed to be deeded to the Town for roads, parks, playgrounds,
recreation areas, open spaces or other public purposes, and public
utilities.
2. The Town Board has reviewed and approved any covenants
or deed restrictions that the Subdivider proposes to apply to the
subdivision. Town Board review shall include any Planning Board
comments or recommendations upon such covenants or deed
restrictions.
C. FILING REQUIREMENTS: Endorsed Final Plats must be filed
by the Subdivider with the Planning Board, the County Assessor, and the
County Clerk within 60 days of the Date of Endorsement (or within 60
days of the certification of the Planning Board's failure to act, as
referenced in Section 404.E. of this Local Law). Any Final Plat not filed
within 60 days of the Date of Endorsement (or the date of certification
pursuant to Section 404.E. of this Local Law) shall be null and void, and
the Subdivider must again submit any proposed subdivision for review
under this Local Law. The Subdivider shall notify the Enforcement
[7
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Officer, in writing,
Clerk.
Continued, April 20, 2005
when the Final Plat has been filed with the County
D. ENDORSEMENT REQUIRED FOR FILING: No Final Plat shall
be accepted for filing by the County Clerk unless it has been duly
endorsed by the Planning Board in accordance with this Section 405. No
Person may rely upon any unendorsed plat for any reason, and any plat
filed without the endorsement of the Planning Board shall be invalid.
E. ALTERATIONS PROHIBITED: No Final Plat shall be in any
way altered or revised after it has been approved or conditionally
approved, after it has been certified, or after it has been endorsed. Any
such alterations or revisions shall cause said Final Plat to be, become, and
remain invalid, null and void.
F. BUILDING PERMITS: The Town shall not issue any building
permits for any construction in any Subdivision if (1) the Final Plat has
not been duly certified and /or endorsed, (2) the Final Plat has not been
duly and properly filed in the office of the County Clerk, and /or (3) the
Final Plat is invalid for any reason.
Sec. 406. Completion of the Subdivision: In the event a Subdivider elects
to construct a subdivision in phases, each phase shall be separately submitted for
Final Approval and each phase shall be substantially completed (or have approved
and accepted performance guarantees for completion) within 2 years from the
date of Preliminary Plat approval. Phases that do not comply with this completion
schedule may, by resolution of the Planning Board and with the concurrence by
the Town Board, have the Preliminary Plat approval withdrawn and cancelled. In
such cases, the Subdivider shall begin the Subdivision approval process anew.
ARTICLE 5. PLAT DETAILS.
Sec. 500. Purpose: The purpose of this Article is to establish a uniform
format for the submission of all Subdivision materials, and to specify the
information that must be included on all Subdivision submissions.
Sec. 501. Sketch Plans: The following information shall be submitted with
all Sketch Plans:
A. A location map identifying and showing (1) the subdivision by name, and (2) the
owner of record, and (3) existing roads and utility rights -of -way, and (4) the names of
adjacent property owners on all sides and within 600 feet.
B. A sketch drawing (1) of the proposed layout of roads, lots, easements, and any
other features, (2) indicating lot dimensions and the general location of width and road
and easement rights -of -way and lighting. The Sketch Plan shall also indicate the scale,
date, north arrow and acreage.
C. A general indication of existing natural features including topography, streams,
water bodies, ditches, buildings, and large trees and tree masses.
D. In all cases, except as to proposed Subdivisions that will not require Stormwater
review under and pursuant to the Town Stormwater and Erosions Control Local Law,
general information regarding proposed storm -water detention and drainage plans, an
identification of water supply sources and sewage treatment plans, and any proposed
protective covenants or deed restrictions proposed to affect any Lots.
.E. A properly completed EAF.
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Continued, April 20, 2005
Sec. 502. Preliminary Plat: A Preliminary Plat shall be submitted at a scale
of one inch equals 100 feet or one inch equals 50 feet, or another scale approved
by the Planning Board, whichever most clearly illustrates the Subdivider's
proposal. The plat shall contain sufficient information to establish the design
arrangement, location, and dimensions of all Roads, Lots, and other features
proposed by the Subdivider or required by the Planning Board as a result of the
Sketch Plan review. The Preliminary Plat shall also include all the information
listed below.
A. Identification: The name of the Subdivision, the name and address of the owner
of record of all affected real property, the names of all abutting property owners, a scale
legend, a north arrow, and the date of the Preliminary Plat drawing /survey.
B. Topography: The preliminary Plat shall identify contours for the entire area to be
subdivided (or for the phase to be submitted for Final Plat approval) with contour
intervals of 2 feet on slopes of less than 10% and 5 feet on slopes of 10% or greater.
C. Property Boundary: A boundary survey for the area proposed to be subdivided
must be provided. Such survey must contain or provide (1) an accurate metes and bounds
description of the boundaries of the proposed Subdivision, and (2) all course bearings and
distances, and (3) a calculation of the total affected area to the nearest hundredth of an
acre. All boundary surveys must be prepared and sealed by a licensed land surveyor.
D. Soils: An analysis of existing soils in the development area is required. Such
analysis shall include (1) a disclosure of any indicators of the existence or potential
existence of any permanent or intermittent wetlands, and (2) a disclosure of any floodable
or intermittently flooded areas, and (3) a statement as to the depth to bedrock, and (4) a
statement as to the depth to any seasonal water table. Percolation and deep hole test
results may be required by the Planning Board for review and approval by the County
Health Department. The Planning Board may require that the Tompkins County
Department of Health .(or its equivalent) certify the proposed Plat.
E. Existing Features: Location and dimension of (1) all existing roads, easements
and utility rights -of -way, and (2) all existing culverts, ditches, streams, water bodies,
large trees or tree masses, and (3) all property lines, buildings, and improvements,
including wells, septic systems, and related appurtenances.
F. Proposed Features: The Subdivider must supply a general layout of the proposed
Subdivision, including (1) lot lines, courses and distances, and (2) approximate area and
frontage dimensions for each lot, and (3) the approximate location and size of all
easements, and (4) for all Roads, (i) the lines, courses, and distances of all right -of -way
lines, (ii) the proposed names of such Roads, (iii) the cross - section and approximate
grade of all proposed Roads, and (iv) the approximate elevations at all intersections.
G. Open Space: The location and approximate area of all land proposed to be
reserved for recreation or open space use.
H. Utilities: The Subdivider must supply (1) the proposed source of any water
supply, and (2) the method of sewage disposal, and (3) the approximate location, size and
profile of all water and sewer lines, including those proposed to be connected to any
public utility system.
I. Drainage: A completed Stormwater Pollution Prevention Plan that is consistent
with The Town's Local Law for Stormwater and Erosion Control.
J. Other Features: Other features shall be included as may be required by the
Planning Board, including but not limited to proposals for public use areas, fire
protection, street lighting, street trees and other forms of landscaping or public use areas.
K. Environmental Assessment: A properly completed EAF.
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Continued, April 20, 2005
L. Covenants: A statement of covenants or deed restrictions that are proposed to
apply to the Subdivision.
M. Phasing: If the Subdivision is to be developed in phases, the Preliminary Plat
shall indicate such phasing and the approximate timing for each phase.
Sec. 503 Final Plat: The Final Plat shall be drawn at a scale of one inch
equals 100 feet or one inch equals 50 feet, or another scale approved by the
Planning Board, whichever most clearly illustrates the Subdivider's proposal. All
maps and supplementary data shall be submitted for that portion of the
Subdivision for which final approval is requested. Such Final Plat submission
shall be prepared by a licensed land surveyor or engineer, and shall include all
relevant identification and location information shown on the Preliminary Plat (or
the Sketch Plan in the case of a minor Subdivision). In addition, the Final Plat
shall include, or be accompanied by, the following information:
A. Boundary: The Subdivider shall submit a survey map showing the
exact boundary lines of the tract to be subdivided that shows all
dimensions to the nearest one - hundredth of a foot, all angles to the nearest
one -half minute, and all bearings. Such survey must also contain or
provide a calculation of the area of each proposed Lot to the nearest
hundredth of an acre. All surveys must be prepared and sealed by a
licensed land surveyor.
B. Roads: Road drawings, surveys, and specifications shall be
provided that show (1) all right -of -way lines with center lines showing
angles of deflection, (2) angels of intersection, (3) radii, (4) lengths of
tangents and arcs, and (5) degree 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 Roads shall be named.
All Roads must be reviewed and accepted by the Town.
C. Lot Lines: Sufficient data shall be provided to readily determine
the location, bearing, and length of all Lot lines, and to reproduce such lot
lines on the ground.
D. Drainage: A completed Stormwater Pollution Prevention Plan that
is consistent with (1) the Town's Local Law for Stormwater and Erosion
Control and (2) with the terms of any Preliminary Plat approval or
conditional approval.
E. Health Department: The Subdivider shall provide all necessary,
required, or requested approvals from the Tompkins County Health
Department relative to the proposed water supplies and sewage disposal
systems to be used in the Subdivision.
F. Water and Sewer Details: When connection to an existing public
water or sewer system is proposed, construction details showing the
following items shall be included: (1) the location, size, invert elevations,
type, and class of pipes on all sanitary and storm sewers and manholes; (2)
the location, sizes, and type of pipes for all water mains; (3) the location of
all valves, hydrants, blowoffs, etc.; (4) 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.
G. Dedicated Land: An accurate survey and layout of all property that
is (1) to be offered for dedication for public use, with the purpose
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Continued, April 20, 2005
indicated thereon, and (2) to be held in private ownership but permanently
dedicated for recreation or open space use shall be provided.
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.
H. Construction Details: Construction details for sidewalks, street
lighting, 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.
I. Easements: The location, dimensions, and purposes of all
easements and rights -of -way proposed by the Subdivider, 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 other
designated official, as applicable.
J. Environmental Assessment: The Subdivider shall supply an
accurate and completed EAF (Long Form).
K. Covenants: The final form of all covenants or deed restrictions
that will be applied to the subdivision shall be supplied. Such covenants
and restrictions are subject to the approval of the Town Board.
L. Liens: The Subdivider shall supply a currently -dated certificate
verifying that there are no tax liens on the property proposed to be
subdivided.
M. Offers of Cession: Formal offers of cession to the public of all
streets, recreation areas, or open spaces that are proposed to be public
property, in a form acceptable to the Town Board, are required. Each
street, recreation area, or open space shown on the Final Subdivision Plat
shall be deemed to be private until such time as (1) it has been formally
offered for dedication and cession to the public, and (2) it has been
formally accepted by resolution of the Town Board,
N. Agency Approval: Approval of the proposed plan, as appropriate,
by all agencies having approval jurisdiction, is required.
Sec. 504. Endorsement: Prior to endorsement of any conditionally
approved Final Plat, the Planning Board shall be provided with:
A. Statements from the Town's attorney that the forms of all deed transfers and
easements required in the subdivision are satisfactory; and
B. Statements from the Enforcement Officer and the Town's engineer that any
conditions have been met and that all required improvements have been installed in
accordance with approved specifications; or,
C. A Statement from the Town Board that a satisfactory guarantee for completion of
all required improvements has been provided by the Subdivider.
Sec. 505. "As Built" Plans: As a condition of Final Plat approval, the
Planning Board shall require the Subdivider to file with the Town Clerk a
certified "as built" plan of all public utilities and streets within the development.
Information to be shown on the "as built" plan shall be in accordance with
requirements of the Town's engineer.
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Continued, April 20, 2005
Sec. 506. Flaa Lots: Driveways may not be considered in any required area
calculations for Flag Lots. All Flag Lots must meet the following minimum
requirements:
A. Flag Lots must be connected to a public Road by a strip of land at least 30 feet
wide containing a viable private access.
B. Flag Lots must equal 1.5 times the minimum required Lot size for the applicable
land use classification in which any portion of the Flag Lot is located as determined in
accordance with the Town land Use Ordinance. For purposes of this calculation, the
access strip (the "flagpole ") may not be taken into consideration of this minimum
standard.
C. Minimum width of the access strip along the Road shall be 40 feet in any area
where municipal sewers exist or are planned. Where there are no sewers and no planned
sewers, a 30 foot wide access strip is permitted.
D. No more than 2 contiguous Flag Lots may be allowed.
E. No Flag Lots shall have a driveway over 500 feet long.
F. All proposed Flag Lots shall undergo Site Plan Review and are subject to the
requirements of a Public Hearing. The Enforcement Officer shall notify all Persons
residing or owning land within 600' of the boundary of the proposed Flag Lot. The
determination of which Persons are entitled to notification of any public hearing shall be
based upon the records of land ownership possessed by the Tompkins County
Assessment Office. This hearing shall also be advertised in a newspaper of general
circulation in the Town at least 14 days before such hearing. All public notice
publication, posting and mailing fees and expenses incurred by the Town, together with
all mailing charges to any Persons entitled to notice hereunder, shall be. the responsibility
of the Subdivider. The minimum fee for such notification services is $45.00.
G. Flag Lot driveways may be required to be 60 feet wide to accommodate
easements to extend roadways to remaining back lands or other parcels.
ARTICLE 6. DEVELOPMENT STANDARDS:
Sec. 600. Purpose: The purpose of this Article is to establish design
principles and minimum standards that shall be applied to the 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. All
Subdividers in the Town shall observe the following requirements and guiding
principles of land subdivision in the design of each subdivision or portion thereof.
Sec. 601. General Considerations: 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 rights -of -way, school sites,
public playgrounds and open spaces shown on any Comprehensive Plan of the
Town shall be considered in review of subdivision plats.
Sec. 602 Roads (See Appendix I for definitions of road types): For the
purposes of these Rules and Regulations, and unless otherwise indicated in the
Town Comprehensive Plan, Roads shall be classified as follows:
Primary Roads — Through Roads used primarily for faster and heavier
traffic;
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Continued, April 20, 2005
Secondary Roads - Roads which collect traffic from local Roads and
carry it to primary Roads, but do not carry heavy volumes of fast or
through traffic;
Local Roads - Roads which are used principally to provide access to
abutting land, primarily of residential character;
Dead -End Roads - Roads with a vehicular traffic outlet at one end and a
Town approved turnaround at the opposite end.
Private Roads - Those roads which are used to provide access to only one
lot and which are not to be dedicated to, or accepted or maintained by, the
Town.
Private Access Drives — Those roads that are used to provide access only
and are not to be dedicated to, or accepted or maintained by, the Town.
A. The layout of new Roads in any Subdivision 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.
B. Roads whose primary function is to provide access to abutting
residential property shall be designed to discourage through traffic.
C. Subdivisions that abut primary Roads, as designated in the
Comprehensive Plan, 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 Roads.
D. 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.
E. In general, all Roads shall be centered in the right -of -way. 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 %.
F. Horizontal and vertical curves shall be designed with a minimum
radius of 150 feet to provide a safe sight distance.
G. Permanent dead -end Roads shall, in general, 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 are to be
continued at a later date shall provide a temporary turnaround.
H. Insofar as possible, all proposed Subdivisions shall be designed to
allow for future access to adjacent properties. If a Subdivision shows a
reserve strip at the ends of any Road, or elsewhere, controlling access to
Continued, April 20, 2005
adjacent land, control of such reserve strips shall be placed with the Town
under conditions approved by the Planning Board,
I. Proposed Road systems shall be designed, when possible, to
provide for access to Roads in adjacent subdivisions. When adjacent land
is undeveloped, the Planning Board may require the establishment of
permanent rights -of -way connecting to such undeveloped land. Future
construction of Roads on such connecting rights -of -way shall, generally,
be the responsibility of the developers of such adjacent land, except that, if
adjacent parcels are being subdivided within a similar time frame,
construction of connecting roadways shall be the responsibility of each
Subdivider, when so determined by the Planning Board.
J. Subdivisions that include or continue existing Roads which do not
conform to the minimum right -of -way width as specified in this Local
Law are not permitted. In such cases, the Subdivider shall dedicate
additional width along either or both sides of said Roads to bring them
into compliance. If the Subdivision is located along only one side of an
existing narrow Road, one -half of the required total extra width shall be
dedicated.
K. Half -width roads shall not be permitted. Access to Flag Lots or
other private parcels will be private.
L. No Road shall have a name that will duplicate or so nearly
duplicate the name of any existing Road within Tompkins County as to
cause or potentially cause any confusion. Any continuation of an existing
Road shall have the same name.
M. No road in any Subdivision shall be deemed a public Road until it
has been formally offered for dedication and cession to the Town and
formally accepted by resolution of the Town Board.
N. No private roads, driveways, water supply systems, septic or
sewerage systems, and no utilities, may or shall be shared by different lots
or owners absent a variance therefor.
Sec. 603. Intersections:
A. All Roads shall intersect as nearly at right angles as possible, and
in no case shall they intersect at an angle of less than 60 degrees.
B. At intersections, Roads shall form a cross or a "T- intersection ". If
T- intersections are used, center lines shall be offset by a minimum of 150
feet.
C. 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 Road can be reduced.
D. Road grades at intersections shall not exceed 5% for a distance of
80 feet from the center of the intersection.
E. Turning lanes shall be provided when determined to be necessary
by the Planning Board, whether due to any finding or recommended
remediation pursuant to any SEQR review, the recommendations or
requirements of any other governmental entity, or the recommendations of
the Town Highway Superintendent, or otherwise.
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Continued, April 20, 2005
F. All intersections of state and local Roads shall comply with New
York State Department of Transportation requirements.
G. All intersections if county and local Roads shall comply with any
Tompkins County Highway Department requirements when determined
by the Planning Board.
Sec. 604. Blocks:
A. The size and shape of blocks shall be determined on the basis of
convenient circulation, traffic and pedestrian control, the safety of
vehicular and pedestrian traffic, and pleasing physical design.
B. Insofar as practical, block lengths should not exceed 1,500 feet, nor
be less than 400 feet.
C. In general, the length, width, and shape of blocks shall be
determined with due regard to:
1. The limitations and opportunities of topographical and
other natural features.
2. The provision of attractively laid out building sites suitable
to the land uses proposed.
3. The need for (i) convenient circulation, and (ii) control and
safety of street traffic, and (iii) reducing the potential conflict
between local and through traffic.
4. The provision of utilities and public services.
Sec. 605. Lots:
A. Each Lot must have satisfactory access to a public Road or to a
private Road. Notwithstanding, Flag Lots will be approved at the
discretion of the Planning Board, without recourse.
B. Minimum lot dimensions and areas shall be determined by the
Town of Lansing Land Use Ordinance. In the event a cluster plan is
proposed to be used in the Subdivision, the Planning Board may use its
discretion in determining minimum lot dimensions and lot areas, with such
determination being related to reasonableness, public health and safety,
and innovations of design.
C. Insofar as practical, side lot lines shall be perpendicular or radial to
Road lines.
D. Double Frontage Lots and Lots with extreme lot depth (3 or 4
times width) shall be avoided if possible.
E. Corner Lots shall have extra width to permit front yard setbacks
from both streets.
F. 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 or
wetland conditions, sight distance from obstructions, or similar
circumstances, the Planning Board may require modification of the design
of such Lots.
Continued, April 20, 2005
Sec. 606. Preservation of Natural Features:
A. 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, and /or
incorporated into the Plat or design.
B. Topsoil moved during the course of construction shall be
redistributed so as to provide at least 6 inches of cover to all areas of the
Subdivision. Topsoil shall not be removed from the site without Planning
Board approval.
C. To the fullest extent possible, existing trees that are greater than
four inches in diameter, measured at a height of 4 feet above the ground,
shall be conserved by the Subdivider. Where any land other than that
included in a public right -of -way is proposed to be dedicated to public use,
the developer shall not remove any trees from such area without approval
from the Planning Board.
D. Where a Subdivision contains a pond or stream that is not a DEC
or U.S. Army Corps of Engineers designated wetland, the natural flow and
course of said body of water shall be preserved unless the Planning Board
determines that realignment will enhance the Subdivision without adverse
impacts to adjoining properties and flora and fauna.
Sec. 607. Easements: Easements across lots shall be provided for utilities
and infrastructure where necessary. Wherever possible, electrical and
communications service shall be located underground or along rear property lines.
Where a subdivision contains a drainage right -of -way, there shall be provided a
stormwater easement that must comply with the Town's Stormwater and Erosion
Control Local Law (and related laws and regulations of other governmental
entities with jurisdiction). All easements are and shall be subject to the approval
of the Planning Board and the Town's attorney.
Sec. 608. Environmental Protection: 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 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. The provisions of this Section 608 shall apply, inter alia, to all land
designated as a 100 -year flood plain area, as determined by the Department of
Housing and Urban Development or the U.S. Army Corps of Engineers, and
shown on appropriate flood hazard boundary maps.
Sec. 609. Modification of Standards: The Planning Board may modify the
specific requirements set forth in this Article 6 pursuant to the variance
requirements set forth in this Local Law. All such modifications shall be recorded
in writing and filed with the records of the Subdivision.
ARTICLE 7. IMPROVEMENTS.
Sec. 700. Purpose: The purpose of this Article is to establish the minimum
installation and construction standards for those improvements that all
Subdividers are required to install when land in the Town is subdivided. Proper
initial installation is necessary to prevent excessive future public maintenance and
replacement costs, and to preserve property values in the Town, and to provide for
the safety, health and welfare of residents of the Town.
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Continued, April 20, 2005
Sec. 701. Subdivider's Responsibility: Prior to requesting approval of a
Final Plat, the Subdivider shall have made or furnished a performance guarantee
to make and install each and all of the following improvements:
A. Monuments: Permanent monuments (1 -1/2" galvanized pipe, 1"
iron pines, 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. Placement of such markers shall be
shown on the Final Plat and their existence and locations shall be
approved by the Enforcement Officer.
B. Roads: All Roads shall be constructed in accordance with Town
specifications, and shall be subject to review and approved by the Town
Board and the Town's engineer.
C. Curbs, Gutters and Sidewalks: In general, curbs, gutters and
sidewalks will not be required. Where heavy traffic may be or become a
hazard for pedestrians, then curbs, gutters, and /or sidewalks may be
required on one or both sides of new or existing Roads.
D. Water and Sewer Facilities: In areas where public water and
sewer lines exist, the Subdivider shall install all necessary lines and
connections as required and approved by the 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 Town Board has
determined that such districts can reasonably be expected.
E. Fire Hydrants: If a Subdivision is located in an existing or
proposed water district, the Subdivider shall install fire hydrants no more
than 400 -600 feet apart with 1 at every intersection, or as may be
otherwise specified by the Town's engineer.
F. Drainage: All drainage improvements shall be constructed in
accordance with an approved Stormwater Pollution Prevention Plan.
G. Road Signs: All road signs shall be provided and installed by the
Town at the Subdivider's expense upon approval of the Town Highway
Superintendent,
H. Recreation Areas and Open Spaces: 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
percent of the gross area of the Subdivision. Land reserved for recreation
purposes shall have physical characteristics suitable for such intended
purpose. If the reservation of land for recreation or open space purposes is
deemed to be inappropriate by the Planning Board, or the Town Board
declines to accept such reserved land, the Subdivider 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. When the Planning Board requires land
to be reserved for recreational purposes, the Board may require that the
site be suitably developed. When land for recreation areas or open space
is required to be shown on the Subdivision plat, the approval of any plat
shall not constitute an acceptance by the Town of such land.
Sec. 702. Installation: Unless otherwise specified, all improvements listed
in this Article shall be installed by the Subdivider, at the Subdivider's expense,
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Continued, April 20, 2005
and said installation shall be subject to approval by the Enforcement Officer or
other appropriate Town officials.
Sec. 703. Performance Guarantee: Before any Final Plat is endorsed by
the Planning Board, the Enforcement Officer and other appropriate Town officials
shall estimate the cost of completion of Roads and Infrastructure, and the
Subdivider shall submit to the Town Board a performance guarantee that will
assure completion of said improvements. The type and amount of this
performance guarantee shall be determined by the Town Board.
Sec. 704. Acceptance of Roads and Other Public Spaces: No new Road,
recreation area, easement, or other proposed public space shown on an approved
Final Plat shall become Town property until formally dedicated and accepted by
the Town Board. Prior to final acceptance, the Highway Superintendent and
Town Engineer shall certify to the Town Board that all public utilities, roads, and
required improvements have been completed in accordance with the approved
plans and specifications.
ARTICLE 8: VARIANCES AND MODIFICATIONS:
Sec. 800. Purpose & General Requirements: The purpose of this Article is
to set forth those conditions and circumstances under which the requirements of
this Local Law may be modified or waived by the Planning Board (or where
applicable, the Town). Where the Town finds that, due to the special circumstances
of a particular case, a waiver of certain requirements 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: (1) granting the waiver would be keeping with the intent
and spirit of this Local Law, and is in the best interests of the community; (2) there is
no adverse effect upon the character, appearance, or welfare of any neighborhood or
the environment; (3) there are special circumstances involved in the particular case;
(4) denying the waiver would result in undue hardship, provided that such hardship
has not been self - imposed; and (5) the waiver is the minimum necessary degree of
variation from the requirements of this Local Law.
Sec. 801. Special Circumstances: When the Planning Board finds that due
to the special circumstances of a particular area, the provision of certain required
improvements is not necessary 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 Board
may waive such requirements subject to appropriate conditions it may wish to
impose.
Sec. 802. Design Innovations: 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 a Subdivider,
the Planning Board may grant a variance to permit the accomplishment of such
concepts as long as such variances do not violate any other applicable laws or
regulations.
Sec. 803. Cluster Subdivision: After approval by resolution of the Town
Board, and pursuant to Article 16 of Town Law, the Planning Board may require
that a Subdivider apply the cluster technique to all of a portion of the land to be
subdivided. To determine how many lots may be included in a cluster subdivision,
the Planning Board may require the preparation and submission of a Sketch Plan
for the area using the minimum lot sizes specified in the Town Land Use
Ordinance.
ARTICLE 0
. VIOLATIONS AND PENALTIES:
�02
Continued, April 20, 2005
Sec. 900 Enforcement and Penalties: The violation. of this Local Law
shall be deemed an offense against such Rules and Regulations. When any term,
provision, or requirement of this Local Law is violated, the Enforcement Officer
may issue a written notice of violation to the Subdivider (or other Person in
violation hereof). The notice of violation shall contain (a) the name and address
of the Person alleged to have violated this Local Law, (b) the address, when
available, or a description of the building, structure or parcel upon which the
violation occurred or is occurring, (c) a brief statement specifying the nature of
the violation, (d) 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 (e) a clear
statement identifying whether the notice commences or will commence a civil or
criminal proceeding.
Sec. 901 Stop Work Orders: The Town may issue a stop work order for
any violation 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.
Sec. 902 Violations: In addition to any other right or remedy allowed by law
or in equity, the 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.
Sec. 903 Penalties & Fines: All provisions of New York law generally
applicable to misdemeanors shall apply to any criminal proceeding brought under
this Article, and/except that each and any misdemeanor shall be deemed an
unclassified misdemeanor. The following civil and criminal fines and penalties
shall apply to any violation of the requirements or terms of this Local Law:
A. First Violation: Any Person that violates any of the provisions of this
Local Law shall be (1) guilty of an unclassified misdemeanor and subject to
a fine of not more than $1,500.00, or (2) subject to a civil penalty of not
more than $2,500.00 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/or be assessable for each
week that such violation, disobedience, omission, neglect or refusal shall
continue.
B. Second Violation: Any violation that is found to have occurred
within 2 years of any prior civil or criminal determination of any other
violation of this Local Law shall be deemed a second violation. Any Person
that commits any second violation shall be (1) guilty of an unclassified
misdemeanor and subject to a fine of not more than $5,000.00, or (2) subject
to a civil penalty of not more than $7,500.00 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/or be assessable for each week that such violation,
disobedience, omission, neglect, or refusal shall continue.
C. Third and Subsequent Violations: Any violation that is found to
have occurred within 2 years of any prior civil or criminal determination of
any second violation of this Local Law shall be deemed a third or subsequent
violation, as applicable. Any Person who commits a third or subsequent
violation of this Local Law shall be (1) guilty of an unclassified
misdemeanor and subject to a fine not more than $10,000.00 and a period of
incarceration not to exceed 120 days, or (2) subject to a civil penalty of not
more than $15,000.00 to be recovered by the Town of Lansing in a civil
action. Every such Person shall be deemed guilty of a separate unclassified
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Continued, April 20, 2005
misdemeanor for each week that such violation, disobedience, omission,
neglect or refusal shall continue. Similarly, a separate civil penalty shall
apply and/or be assessable for each week that such violation, disobedience,
omission, neglect, or refusal shall continue.
Sec. 904 Withholding of Certificate of Occupancy, Endorsement, Etc.:
Upon any violation of this Local Law by a Subdivider, the Town, the Planning
Board, the Town Board, and /or 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 Subdivider rectifies and cures such violation Law.
Sec. 905 Restoration of Lands: Any violator of 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 of competent jurisdiction, to
recover the costs of such restoration.
Sec. 906. Cumulative Remedies: Each and all remedies and rights provided
to the Town under this Article shall be cumulative. 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.
ARTICLE 10: SAVING CLAUSE: If any clause, sentence, paragraph, section or
part of this Local Law shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair or invalidate the remainder hereof, but
shall be confined in its operation to the clause, sentence, paragraph, section or part
thereof, directly involved in the controversy in which such judgment shall have been
rendered.
ARTICLE 11: COURT REVIEW: Any Person aggrieved by any decision of the
Town or the Planning Board under this Local Law may have said decision reviewed by a
special term of the Supreme Court in the manner provided by Article 78 of the Civil
Practice Law and Rules. The Town does not, either in this Article or in this Local Law,
waive any claims, rights, or defenses it may have regarding questions of law or fact
pertaining to the judicial and legal concepts of ripeness, standing, timeliness,
governmental immunities, or of any other matter.
ARTICLE 12: LIMITATION OF LIABILITY AND INDEMNITY: The Town
shall not be liable or responsible for any injury to persons or damage 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 solely caused by a willful or
intentional act of the Town. All Persons working upon or engaged in any clearing,
grading, excavation, construction, cleanup, remediation, or restoration work shall
indemnify, keep and save harmless the Town from and against any and all losses, costs,
damages, expenses, judgments, claims, or liabilities of any kind whatsoever which may
accrue against or be charged to or recovered from the Town from or by reason of or on
account of accidents, injuries, damages, and/or losses to persons or property. This
indemnity provision shall be construed and applied to the maximum extent permitted by
law. The Town may require that any Person or Subdivider procure liability insurance in a
minimum amount of $1,000,000.00 per incident per person, and that the Town be named
an additional insured thereunder.
ARTICLE 13: EFFECTIVE DATE: These Rules and Regulations shall take
effect 10 days after being published and posted.
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Continued, April 20, 2005
(Exhibits and Schedules not published = they are available at the Town Clerk's Office)
M
ion Road Water
Mr. McNamara presented the Board with copies of a survey that was sent out to
residents in the proposed Water District. He stated that there were 66, yes responses, 6,
no's and 8 non - responsive. There are a total of 80 parcels to be served. It was stated on
the survey that the total cost per unit, per year, would be $ 507.00. The Board agreed that
he had the 75% endorsement required and therefore authorized the Town Engineer to
proceed to the next step.
Cayuga Vista Drive Test Track:
Mr. Ross Benson approached the Board and asked them to approve a Special
Permit for his test track on Cayuga Vista Drive. He has agreed to the Planning Board's
recommendations such as time restrictions and the annual renewal of the permit. The
following resolution was then offered:
RESOLUTION 05 -076
Resolution Approving Hygear Suspension Special Use Permit
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 20th day of April, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson; and the following members being absent: none; and the following motion
for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded
by Connie Wilcox; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck —
aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the
following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, Hygear Suspension, a local business located at 8 Cayuga Vista Drive
(adjacent to the Lansing Business and Technology Park), filed an application for a
Special Use Permit ( "SUP ") to build and operate a test track; and
WHEREAS, the owner of such property (tax map number 37.1. -2- 53.23), Ron Seacord,
had previously given consent for such track to be built; and
WHEREAS, the track is for research and testing, and not for recreational use; and
WHEREAS, the Town Board had previously referred the application for a SUP to the
Planning Board for review and input, and the Planning Board formally responded
recommending approval with conditions; and
WHEREAS, the applicant agreed with the conditions and acknowledged that such
conditions were reasonable and that the SUP is subject to periodic future review and
potential future revocation; and
WHEREAS, the Town has considered such recommended conditions and has examined
the permitted B1 Zone uses and all neighboring uses; and
WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of
Lansing has hereby
RESOLVED, that the SUP requested be and hereby is approved subject to the following
conditions:
1. The SUP is granted and valid for only 1 year, and is thereafter renewable
annually, if the applicant opts to submit a renewal application at such time;
105
Continued, April 20, 2005
2. The SUP may be revoked at any time and at the will of the Town if the actual
(as opposed to proposed) use of the test track interferes with the allowed uses
at and /or the development of the Lansing Business and Technology Park;
3. The test track may only be used between 10:00 am and 4:00 pm on weekdays
(Mondays through Fridays); and
4. The test track may not be used on any weekday that is a recognized banking
or national holiday.
Darby Kiley:
Darby approached the Board and asked for a letter of intent for the MS -4. The
following resolution was offered:
RESOLUTION 05 -077
Resolution Authorizing Execution of Letter of Intent re
Tompkins County Soil and Water District Grant Application
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 20th day of April, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson; and the following members being absent: none; and the following motion
for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded
by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis
Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye;
and the following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, the County is pursuing soil and water grants and desires that the Town,
being part of the district and being benefited thereby, sign a letter of intent indicating that
the Town intends to cooperate and participate in the application and management of the
grant, if and once approved; and
WHEREAS, the Town's grant writer has reviewed the program and recommends that the
Town participate due to the benefits that may accrue to the Town; and
WHEREAS, the Town has reviewed the letter of intent, and agrees to execute the same as
it is non - binding and subject to final approval once the costs associated with the grant, the
terms of the grant, and the use of funds is determined; and
WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of
Lansing has hereby
RESOLVED, that Steve Farkas, Supervisor, be and hereby is authorized to execute the
said letter of intent by and in the name of the Town of Lansing.
CODE REPORT:
Mr. Platt was absent but presented the following report:
He is down in permits from last year by 1 and down in project costs by $ 630,178.00.
HIGHWAY
1. Roof was painted on the cold storage building at a cost of $ 3,600.00.
2. The County replaced the culvert on Ludlowville Hill.
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Continued, April 20, 2005
3. Pheasant Way and Murfield Drive have started their new roads and neither one
passed the initial inspection due to soft spots.
4. The Village of Lansing has hired a new Village Highway Superintendent who will
begin on May 2, 2005. He was previously the Highway Superintendent for the Town of
Lapeer for 11 years.
Completion of Grandview Drive:
Mr. Shattuck asked when Grandview Drive would be completed to go through
and connect to the other side. Mr. French stated that they wouldn't start the extension
until all of the lots on Placid Terrace are sold.
Replacing the main roof on the Highway Garage:
Mr. Shattuck asked if they would be bidding this soon. Mr. French stated that
Novelli has requested that the Company that wants to put a new roof over the old one
have it engineered to check it. Everyone else that has looked at it does not think there
would be any problem with the existing beams. Jack stated that this would bid at two
prices. The following resolution was then offered:
RESOLUTION 05 -078
Resolution Authorizing Formal Publication of Bid Notice
for New Town Barn Roof
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 20th day of April, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson; and the following members being absent: none; and the following motion
for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded
by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis
Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye;
and the following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, after an engineering analysis of the same, it has been determined that the
Town Highway Barn is in need of a new roof; and
WHEREAS, there are differences in prices, opinions and quality of work as between
various contractors that mitigate in favor of seeking proposals through formal bid
advertisements as required by law; and
WHEREAS, plans and specifications for the job were prepared by Peter Novelli, P.E.,
under contract with the Town; and
WHEREAS, the project is a public works project with costs estimated to exceed
$20,000.00, such that formal Bid Advertisement and other requirements set forth in the
General Municipal Law apply; and
WHEREAS, the Bid Specifications are available for review at the Town Clerk's Office at
29 Auburn Road, Lansing, New York 14882; and
WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of
Lansing has hereby
RESOLVED, that the specifications be and are hereby adopted for the purpose of seeking
public bids upon a new Town Barn roof, with a maximum bid price proposed as
$100,000.00; and it is further
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Continued, April 20, 2005
RESOLVED, that after due notice and /or publication as required by law, the Town of
Lansing will open the bids received at a regular meeting of the Town Board of the Town
of Lansing, to be held at 7:00 p.m. at the Lansing Town Hall at 29 Auburn Road,
Lansing, New York, on May 18, 2005; and it is further
RESOLVED, that the Town Clerk advertise the bids by publication in accord with the
General Municipal Law, specifying the date, time, and location where such bids will be
opened and where specifications may be obtained, together with all other bid and notice
requirements as may exist at law.
RECREATION DEPARTMENT REPORT:
Mr. Colt handed out the following report:
Parks & Recreation Department
Town Board Meeting
April 20, 2005
Recreation
• "Play Ball" - We have completed our spring LBP baseball and LSP softball registrations
and have selected teams and are, ready to start practice and games. In grades K - 6 the
program has 39 total teams with over 400 kids participating!
• "Spring Training Clinics" - Over the school vacation, we are offering clinics for kids in
the baseball and softball programs. These are chances for our young players to workout
with our school's varsity teams. The neat thing now is that the current varsity players
now conducting the clinics were actually participants of these clinics not too long ago.
• "COED" Softball - We are now up to 10 teams in this league. This is a league where it is
more important to have fun than to win. We don't use umpires and no alcohol is allowed.
The league has been very popular over the past 2 years. Games are played on Sunday
evenings and is set to start on May 8th.
• Skiing -We are currently offering season passes to Greek Peak a discounted price
through the end of the month. Our Ski Program is very large and many take advantage of
this early purchase pricing. This offer is open to anyone from anywhere.
• Outdoor Adventure Camp - Currently, we are conducting with Cornell Outdoor Education,
an outdoor adventure camp. The sessions are held at the Hoffman Challenge Course, one
of the largest challenge course facilities in North America. Transportation is included
with this camp.
• Horse Riding & Handling Camp- We are offering several levels (Beginner - Advanced) of
this popular program that takes place at Finale Farm. We will also offer it again in our
summer package.
• Cardio Step Class - This is a new program for us and will take place upstairs in the
Community Center on Mondays and Thursdays starting Monday April 25th. We are also
offering the Adult Fitness Swim for another session starting April 26th
• Summer Recreation Package - Pat is currently wrapping up our summer booklet of
program offerings. Our plan is to do all of the printing "in house" here at the town hall.
We will be offering many of our usual programs BUT are waiting to hear how the school's
building project is going to impact what we will be able to do in the POOL and in the
middle school AUDITORIUM. We may NOT be able to use the pool for swimming lessons
this summer!
108
Parks
• High water - The rains of several weeks ago caused lake levels to become very high.
It is now just starting to return to normal. Levels in the marina got to just under the
docks. TONS of debris has been removed from both the beachfront and the marina.
More continues to wash in daily.
• Camp Site Electric - The electric upgrade in the camp ground is just about complete.
Garth McMillen is our electrician and the job has gone very well. We now have 30 amp
service throughout. ff
• Marina Electric - A very bad electrical situation was discovered during the marina
retaining wall repair project. The wiring underground was noticed to be in very bad
shape and dangerous. We had no choice than to repair and correct the situation. This
was not anticipated or budgeted for but HAI) to be done. This job is ongoing at this
time.
• Camping Reservations - Our new system is working well so far. On April 1St, the first
available day, we took many reservations and are continuing to take them every day.
We are planning to open for campers on May 13th weather permitting. It will be
strongly advised that anyone wishing to camp should call our department in advance to
check availability.
• Credit Card Sales - As an update, we have been averaging at least $100 of credit
card sales a day. We have found that customers have been using the card for more
than just camp site reservations.
• Ballfield Repairs - After many years of quick fixes, we finally decided to repair the
ballfield area the right way. Material build up around the base cut outs was the cause
of a dangerous situation. The solution was to remove the sod and soil from around the
perimeter of the base cutout, level the area, and roll in new sod. This was by far the
least expensive and best way to cure the problem. The fields will be much safer now
for our young and old players. The turf company did a great job. Unfortunately, we
have been in a drought for 2 weeks, forcing us to water daily.
• Concession at Myers Park - I have been contacted recently by a couple that would
like to propose a concession business at the Park. I will be meeting with them this
week to do a walk through of the building. I have some ideas that I will be proposing
to them that may allow a more successful operation of our concession building.
Corporate Charge Card:
Mr. Colt stated that a situation came up where a corporate charge card would have
been very handy. It turned out that the Electrician had to use his own charge card and
then the Town will reimburse him. Mr. Colt has looked into obtaining a charge card a
while ago but did not pursue it as he was under the impression that the Town already had
one. Mr. French stated that he has also had situations come up where it would have been
convenient to have a card. Mr. Farkas stated that .he and Sharon Bowman have already
discussed this and that it would have to be obtained through his office and kept in his
office also. He will look further into the issue.
ifications for
RESOLUTION 05 -079
Resolution Authorizing Expenditure for Engineering Plans and Specifications
for Roof Joint Reinforcement Relating to Solar Panel Installation
109
Continued, April 20, 2005
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 20th day of April, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson; and the following members being absent: none; and the following motion
for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded
by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis
Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye;
and the following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, the Town has obtained NYSERDA funding and assistance relative to the
proposed solar panel project for the Town Barn roof and the Town has been certified to
work with the Finger Lakes Renewable Energy company ( "FLRE ") for such NYSERDA
approved project; and
WHEREAS, FLRE has submitted a proposed installation services and purchase
agreement for the materials, supervision and labor to complete such project within
NTSERDA requirements and has entered into a contract relating to the installation of
such solar panels; and
WHEREAS, the solar panels will add structural loading to the facility and it was
previously determined that an engineering study should be undertaken to measure the
roofs loading capacity; and
WHEREAS, the Town hired Peter Novelli, P.E. to perform such analysis; and
WHEREAS, Peter Novelli determined that additional roof bracing should be designed
and installed to prevent the flexion or failure of the roof, and
WHEREAS, Peter Novelli estimated that the engineering costs to study, design and draw,
with specifications, such lateral and structural bracing would not exceed $3,000.00; and
WHEREAS, the cost of such engineering services is necessary to the project and
constitutes a de minimus variation, which amount is within the project budget projections;
and
WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of
Lansing has hereby
RESOLVED, that Peter Novelli be and hereby is authorized to design and draw, with
specifications, such additional roof bracing and support systems as, in the exercise of his
engineering expertise, is deemed necessary and advisable to carry all actual and
anticipated loads upon such roof; and it is further
RESOLVED, that the Supervisor and/or Deputy Supervisor be and hereby are authorized
to enter into such agreements in furtherance of this Resolution as they deem in the best
interests of the Town.
Approve upgrade for Penny Sloughter•
RESOLUTION 05 -080
Resolution Permanently Employing Penny Sloughter
and Upgrading Pay Scale
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 20th day of April, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson; and the following members being absent: none; and the following motion
., 10
Continued, April 20, 2005
for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded
by Douglas McEver; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck
— aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the
following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, Penny L. Sloughter was provisionally hired effective October 12, 2004, as a
Court Clerk Grade 4 Employee pursuant to Resolution 04 -175; and
WHEREAS, the provisional period has expired and the Town Judges strongly
recommend that her employment be made permanent and that she receive a pay scale
raise; and
WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of
Lansing has hereby
RESOLVED, that Penny L. Sloughter be and hereby is deemed a permanent employee -
her provisional period of employment having ended -.and that she further be provided
with a scale raise to 12.51 per hour.
Audit Resolution
0541 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher:
RESOLVED, that the bookkeeper is hereby authorized and directed to pay the
following bills:
Voucher Numbers: 246-364
Pre - Paids: 246-255
FUND TOTAL APPRO
General Fund 78,263.54
Highway Fund 615608.63
Lansing Lighting 1,124.72
Lansing Water Districts 31909.53
Cherry Road Sewer 403004.82
Better Housing For Tompkins County 25964.88
Trust and Agency 29,294.95
Vote of Town Board ... (Aye) Mr. Christopher, Councilperson
Vote of Town Board ... (Aye) Mr. McEver, Councilperson
Vote of Town Board ... (Aye) Mr. Shattuck, Councilperson
Vote of Town Board ... (Aye) Mrs. Wilcox, Councilperson
Vote of Town Board ... (Aye) Mr. Farkas, Supervisor
Constable for Town Court:
RESOLUTION 05 -82
I�
Resolution Granting Authority to Use Town Constable for Police Protection in Town
Courtrooms During Open Court Hours
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 20th day of April, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson; and the following members being absent: none; and the following motion
for a Resolution was duly made by motion of Martin Christopher, and was duly seconded
by Francis Shattuck; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck
1
111
Continued, April 20, 2005
— aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the
following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, due to current events taking place around the nation and the past and current
requests of the Town Judges for police protection during open court hours, there is a need
to protect the Town Judges when acting in furtherance of their duties in open court; and
WHEREAS, Judge Burin recently renewed such request; and
WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of
Lansing has hereby
RESOLVED, that the Town Constable be and hereby is authorized and directed to
provide protection and security at all times when any Town Judge is seated in the
courtroom when open to the public, or at any other time upon request of any Town Judge.
Approve Minutes:
A copy of the minutes of March 16`h and April 6`h, having been given to the Board
Members beforehand, the Supervisor asked for a motion to make changes or to accept the
same as submitted.
05 -83 RESOLUTION, offered by Mr. Shattuck and seconded by Mr. Christopher:
RESOLVED, that the minutes of March 16`h and April 6`h are hereby approved as
submitted.
Martin Ottenschot:
RESOLUTION 05 -084
Carried.
Resolution Granting Authority to Satisfy Ottenschot Judgments
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 20th day of April, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson; and the following members being absent: none; and the following motion
for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded
by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis
Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye;
and the following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, the Town holds three judgments against Martin Ottenschot arising from and
in connection with the Town's purchase of real property on S.R. 34B and Martin
Ottenschot being found in violation of the Town's Local Laws pertaining to junkyards;
and
WHEREAS, Martin Ottenschot has struggled with health issues and bankruptcy and has,
to the satisfaction of the Town, established that he is partially or wholly disabled; and
WHEREAS, due to prior bankruptcies and failing health, the Town has determined that
the likelihood of ever collecting upon such judgments within 10 years is minimal to
impossible; and
WHEREAS, Martin Ottenschot has offered to pay $3,800.00 to the Town in satisfaction
of said judgments, and the Town Board has determined that, in order to protect the public
fisc, it should maximize any amounts that can actually be recovered; and
112
Continued, April 20, 2005
WHEREAS, the Town Board has determined that the amount of $3,800.00 is the highest
amount likely to ever be recovered or collected in connection with such judgments; and
WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of
Lansing has hereby
RESOLVED, that the Supervisor, Deputy Supervisor and /or Town Attorney be and
hereby are authorized to execute satisfactions of judgments in favor of Martin Ottenschot
once the $3,800.00 in settlement money has been paid over to the Town; and it is further
RESOLVED, that the Town Attorney be and hereby is directed to prepare and file any
such satisfactions of judgment, once he is satisfied (1) that the settlement money has been
collected, and (2) that the satisfactions of judgment are in an acceptable form for
execution and filing.
BOARD MEMBER REPORTS:
Steve Farkas:
Cayuga Emulsions:
Mr. Farkas reported that a payment for rent has been received from Cayuga
Emulsions but the amount was at last year's rate. The lease was revised but Mr. Krogh
will check to make sure the owner's have received their new copy. He will keep the
Board posted.
RFP Audit:
Two bids were received to perform the Town's Audits and the following
resolution was adopted:
RESOLUTION 05 -085
Resolution Granting Authority to Hire New Town Accountant and Auditor
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 20th day of April, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson; and the following members being absent: none; and the following motion
for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded
by Martin Christopher; and the vote was as follows: Stephen Farkas � aye, Francis
Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye;
and the following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, the Town issued an RFP for accounting and auditing services and after
consideration of the proposals received the Town has selected Ciaschi, Dietershagen,
Little, Mickelson & Company LLP ( "CDLM ") to handle all accounting and related
auditing advisement services for the remainder of 2005; and
WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of
Lansing has hereby
RESOLVED, that the Supervisor and /or Deputy Supervisor be and hereby are authorized
to enter into or execute an agreement with CDLM pertaining to the provision of
accounting and auditing advice and services to the Town, upon terms as outlined in
CDLM's response to the RFP, and upon such other terms as the Town Supervisor and /or
Deputy Supervisor deem in the best interests of the Town.
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Continued, April 20, 2005
Amend Organizational Resolution No. 05 -023:
RESOLUTION 05 -086
Resolution Amending Organizational Resolution
re Approved Town Accountants & Auditors
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 20th day of April, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; Martin Christopher,
Councilperson; and the following members being absent: none; and the following motion
for a Resolution was duly made by motion of Francis Shattuck, and was duly seconded
by Martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis
Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye;
and the following Resolution therefore passed 5 -0, and was duly adopted:
WHEREAS, the Town's Organization Meeting of January 5, 2005 provided, at
Resolution number 05 -23, that Andrew LaVigne be appointed as the Town Accountant
for 2005; and
WHEREAS, the Town has issued an RFP for accounting and auditing services, and has
selected Ciaschi, Dietershagen, Little, Mickelson & Company LLP to handle all
accounting and related auditing advisement services for the remainder of 2005; and
WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of
Lansing has hereby
RESOLVED, that the Organizational Resolution 05 -23 be and is hereby amended to read
as follows:
"RESOLVED that the Town Board of the Town of Lansing does hereby
appoint Andrew LaVigne and /or Ciaschi, Dietershagen, Little, Mickelson &
Company LLP as the Town Accountant(s) for the year 2005, with the Town to
obtain services from either or both of such accountants (or accounting firms) upon
an as needed and upon request basis."
Chester Ferguson's Trailer Park•
Mr. Farkas stated that the trailer park is under big pressure from the Health
Department and is requesting water. Mr. Farkas will contact Mr. Ferguson and
suggest that he talk to Dave Herrick regarding how to get water to his property.
Doug McEver:
T.P. Yard Pro:
Mr. McEver gave a copy of a proposal to the Board members for the
Historical Barn. The proposal was from T.P. Yard Pro and the total cost for the
job would be $ 6,750.00. The cost of materials would be $ 5,700.00. He stated
that there are 2 more proposals coming.
Bud Shattuck:
Dog Trial:
- a
The Lansing Town Court held a dog trial recently which lasted 3 and %2
hours. The prosecutor had the right to have the Town Attorney present, at the cost
114
Continued, April 20, 2005
of the taxpayers. It was felt that the Local Law of 1979 needed to be updated,
therefore, the following resolution was offered:
RESOLUTION 05 -087
Notice of Public Hearing re Proposed Local Law Number 4 of 2005
(Dog Control Regulations)
At a Regular Meeting of the Town Board of the Town of Lansing held in and for the
Town of Lansing at the Lansing Town Hall on 20th day of April, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson;Martin Christopher and Connie Wilcox, Councilperson;
and the following motion for a Resolution was duly made by motion of Connie Wilcox,
and was duly seconded by Douglas McEver; and the vote was as follows: Stephen Farkas
— aye, Francis Shattuck — aye, Douglas McEver — aye; Connie Wilcox — aye; Martin
Christopher — aye and the following Resolution therefore passed 5 -0, and was duly
adopted:
WHEREAS, the Town's current Dog Control Local Law (Local Law Number 1 of 1979)
is over 20 years old and need of revisions and updating due to changes in animal laws
and the size and density of the Town; and
WHEREAS, a proposed Local Law has been generated and reviewed that will formalize
such revised dog control regulations; and
WHEREAS, the proposed Local Law is on file at the Town Clerk's Office for review by
any interested person; and
WHEREAS, said proposed Local Law proposes to: (1) regulate the ownership and
harboring of dogs; (2) provide for leash, chain, and at -large requirements; (3) define and
prohibit nuisance dog behavior; (4) provide for guidelines as to the use of Town
resources for claims and issues involving violations of the proposed Local Law; (5)
provide for the filing of civil and criminal claims; and (6) provide for classifications of
violations and civil and criminal fines, penalties and sentences; and
WHEREAS, upon a review and discussion of the matter, the Town Board of the Town of
Lansing has hereby
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, 2005,
at 8:00 o'clock P.M., to consider the aforesaid Local Law, and to 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 copy of this Resolution 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, in accord with law.
Personnel Committee:
The Town will have to "put on their books" the money to cover the cost of
retirement for everyone who has retired, plus for everyone that is in the system. This
could change the Town's Bond rating. Bud is looking to set up a meeting on either May
18`h or 19th to discuss this further. He felt the Board Members might want to attend.
Technolou Committee:
Tomorrow morning at 7:00 a.m. will be the first meeting of this committee. Bud
will be there for a few minutes and Connie and Marty will attend the whole meeting.
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Continued, April 20, 2005
Connie Wilcox.,
Lansing Fire District:
Good discussions are going on they are doing very well. 28 people were eligible
for service awards. There is someone in charge of EMS at all times.
Connie stated that the Fire Chiefs do not know what is going on in the Town as far as
building, etc. She asked if it would possible to have Dick Platt send them his monthly
report. The Board felt this was a good idea. She stated that at some point, within the next
few months, a meeting should be held between the Commissioners and the Town Board.
The Board felt this was important and will set up a meeting in the near future.
Housing Authority:
The Housing Authority is still looking to add another building but will wait until
sewer comes. The waiting list to get into Woodsedge is a 7 at this time.
05 -88 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. McEver:
RESOLVED, that the Regular Board Meeting be adjourned at the call of the
Supervisor at 10:00 p.m.
Minutes taken and executed by the Town Clerk.