HomeMy WebLinkAbout2005-05-18REGULAR TOWN BOARD MEETING
Date: May 18, 2005
Time: 7:00 p.m.
Place: Lansing Town Hall Boardroom
AGENDA
1. Call Meeting to Order
2. Roll Call
3. Pledge of Allegiance
4. Open Bids — Highway Department Roof Repair
5. Continuation of Cell Tower Public Hearing — 7:05 p.m.
6. Privilege of the Floor:
a) Anyone wishing to address the Board
7. Public Hearing — Dog Control — Local Law No. 4 — 8:00 p.m.
8. Public Hearing — Amendments to Land Use Ordinance — 8:15 p.m.
9. Public Hearing — Amendments to Subdivision Rules & Regulations — 8:30 p.m.
10. Public Hearing — Special Use Permit — Hygear — 8:45 p.m.
11. Engineer's Report
12. Highway Superintendent's Report
13. Code Enforcement Officer's Report
14. Parks and Recreation Department Report
15. Review and Select Contractor — Construction of Archives Storage Building
16. Approve Audit
17. Approve Minutes of April 20`' & 27`h
18. Executive Session if Needed
19. Adjourn Meeting
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May 18, 2005
The Lansing Town Board met in Regular Session at the Lansing Town Hall Board
Room 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
VISITORS: Jack French, Dave Herrick, John Howell, Brad Griffin, Jeannine Kirby, Dick
Platt, Rachel Jacobsen, Doug Dimitroff, Damon Hobbs, Mary Searles, Deb Harper, Bert
Bland, Tom Ellis, Jeannie Daley, Ross and Danna Benson,Debra Bain and about five
other residents.
The Supervisor lead all present in the Pledge of Alegiance.
CONTINUE PUBLIC HEARING ON CELL TOWER:
05 -94 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher:
RESOLVED, that the Public Hearing on the proposed cell tower on Conlon Road
be reconvened at 7:05 p.m.
Carried.
Doug Dimitroff approached the Board with a letter from Cingular Wireless
describing its inspection policy with respect to towers it owns. He also presented
evidence confirming that the tower will not require lighting or marking.
Mr. Shattuck asked if Cingular had checked on all the other cell towers in the
area. Mr. Shattuck gave Mr. Dimitroff a Tompkins County Tall Structure list and asked
him to look into it. He also asked what the maximum load on the proposed tower would
be. Mr. Dimiroff could not foresee maxing out the tower. The towers are built for
capacity, but for coverage only.
Mr. Shattuck asked what the cost difference would be between one 195' tower
and multiple smaller towers. Mr. Dimitroff stated that it would be more expensive to go
with the smaller towers. Bud asked for figures on this.
After a lengthy discussion it was decided to set a public hearing for the SEQR.
05 -95 RESOLUTION, offered by Mr. Christopher and seconded by Mrs. Wilcox:
RESOLVED, that the Public Hearing on the proposed cell tower is closed at 7:35
p.m.
SEOR PUBLIC HEARING:
RESOLUTION 05 -096
Carried.
Resolution Establishing Public Hearing for SEQR Review
re Cingular Cell Tower 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 18th day of May, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
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Continued, May 18, 2005
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, a petition and application has been made and filed by Cingular for a permit
to place a cell tower within the Town of Lansing; and
WHEREAS, the construction proposed consists of the installation of a 180 + /- foot cell
tower upon Searles Road, and all appurtenances thereto, including an access roadway,
fencing, and utility structures, all in accord with a map and plan contained within
Engineering Drawings filed with the Town Clerk upon November 8, 2004; and
WHEREAS, the matter contemplated is subject to State Environmental Quality Review
( "SEQR ") under Article 8 of the New York State Environmental Conservation Law and
Part 617 of the New York Codes, Rules and Regulations, ( "NYCRR ") and is a Type I
action pursuant to NYCRR 617.4; and
WHEREAS, as there are no other involved or interested agencies and the proposed action
is wholly within the Town of Lansing; and
WHEREAS, upon due deliberation upon the matter, it is 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 15th day of June, 2005,
at 7:05 o'clock P.M., to consider the aforesaid application and the environmental impacts
thereof, 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.
Privilege of the Floor:
JOHN BAILEY — BAILEY INSURANCE.
Mr. Bailey presented the Board with the updated figures on the Town's Policy,
which becomes due June 1, 2005. There was also an additional coverage endorsement
that was discussed. The endorsement would provide coverage for back wages claimed in
an employment practice liability suit.. The Town of Lansing would be responsible for
25% for the total claim for back wages or $ 5,000.00, whichever is greater. NYMIR
would pay up to a total of $ 150,000.00 in excess of the Town's responsibility.
Mental Anguish or Emotional Distress would be included in the definition of bodily
injury related to employment practice.
Non - Monetary Defense — the additional coverage endorsement would include defense
for claims, demands or action in which monetary damages are not requested. The
coverage provided would be up to $ 25,000.00 per error or omission, not to exceed
$ 50,000.00 per policy period.
The total annual premium for this Extended Employment Practices Liability
Endorsement is $ 2,650.00.
Last years total premium was $ 65,308.00. This years premium will be
$ 68,691.00 plus $ 2,650.00 if the Board decides to add the additional coverage. The
Board felt this would be a good idea and adopted the following resolution:
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Continued, May 18, 2005
RESOLUTION 05 -097
Resolution Approving Expenditure for Town Insurance Coverage's through NYMIR
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 18th day of May, 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 Connie Wilcox, 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 George B. Bailey Agency, Inc. is the Town's broker of record for
several municipal insurers; and
WHEREAS, John Bailey presented cost analyses for insurance to the Board upon the
several different types of coverage needed by the Town and provided by NYMIR; and
WHEREAS, John Bailey had analyzed the prices and coverage's quoted and made
recommendations regarding the same; and
WHEREAS, the necessary insurance is required to be in place by June 1, 2005 for the
policy period for June 1, 2005 to May 31, 2006; and
WHEREAS, after review and discussion of such proposal, the Town Board of the Town
of Lansing has hereby
RESOLVED, that the coverage's and premiums for the same, as outlined in the proposal
presented, be and hereby are approved; and it is further
RESOLVED, that the additional coverage endorsements for extended employer liabilities
is approved and shall be added to the coverage's to be obtained for the Town; and it is
further
RESOLVED, that the George B. Bailey Agency, Inc. be and hereby is reconfirmed as the
Town's Agent of Record for NYMIR.
SPEED LIMIT REDUCTION ON PERUVILLE ROAD:
Deborah Harper presented the Board with a letter requesting a reduction in speed
on Peruville Road between North Triphammer Road and Armstrong Road. She also
stated that the noise in the summer months is disruptive to homes on the road.
Motorcycles and "jake brakes" on large trucks make it impossible to carry on
conversations outdoors.
Mr. Farkas informed her that she would need to go to her neighbors with a
petition and bring it back to the Town Board. The Board will then send it to the County
and they will send it on to the State. -
Ms. Harper will do this and return at a later date.
PUBLIC HEARING ON DOG CONTROL LOCAL LAW:
05 -98 RESOLUTION, offered by Mr. McEver and seconded by Mr. Shattuck:
RESOLVED, that the Public Hearing on proposed Local Law No. 4 of the Year
2005 is hereby called to order.
Carried.
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Continued, May 18, 2005
Mr. Krogh went over the proposed Local Law with all persons present. John
Howell asked that some changes be made in the proposed Local Law. The Board agreed
with the changes.
05 -99 RESOLUTION, offered by Mr. Christopher and seconded by Mr. McEver:
RESOLVED, that the Public Hearing is hereby terminated at 8:35 p.m.
Carried.
The following resolution was then offered:
RESOLUTION 05 -100
Resolution Adopting Local Law Number 4 of 2005
DOG CONTROL
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 18th day of May, 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 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 and has been 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, a Public Hearing was duly 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., after lawful posting, publication, and notice thereof, 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 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 4
of 2005, as set forth in its entirety below:
TOWN OF LANSING
LOCAL LAW NUMBER 4 OF 2005
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Continued, May 18, 2005
DOG CONTROL
The Town Board of the Town of Lansing, New York, pursuant to a Resolution dated May -
18, 2005, does hereby pass a Local Law as follows:
Article 1. History & Authority
This Local Law hereby amends and replaces in its entirety Local Law Number 1 of 1979,,
and supersedes all prior Local Laws and Ordinances of the Town of Lansing relating to,
the subject matter hereof. This Law is adopted pursuant to Article 7 of the Agriculture
and Markets Law of the State of New York and § 10 of the Municipal Home Rule Law,
Article 2. Purpose
The purpose of this Local Law is to promote the health, safety, and welfare of the
community, including the preservation and protection of the property of the Town of
Lansing and its inhabitants, and of the peace and good order therein, by regulating and
controlling activities of Dogs within the Town, and by providing enforcement in
furtherance thereof. The purposes of this Local Law are to address certain activities of
Dogs that are not specifically regulated by the New York State Agriculture and Markets
Law, and /or to.provide further regulation as to matters addressed by the Agriculture and
Markets Laws, including, to the extent stated herein, issues pertaining to Dangerous
Dogs.
Article 3. Conflict with New York State Laws
In the event of any conflict between the New York State Agriculture and Markets Law
and this Local Law, the provisions of the New York State Agriculture and Markets Law
shall take precedence. However, and in limitation of the foregoing, this Local Law may,
pursuant to the New York State Agriculture and Markets Law and § 10 of the Municipal
Home Rule Law, be (a) more stringent than the standards set forth in the New York State
Agriculture and Markets Law, and (b) supersede the Agriculture and Markets Law to the
extent such Agriculture and Markets Law is silent upon any matter herein regulated,
stated, or required.
Article 4. Definitions.
The following definitions apply to this Local Law, and the interpretation and enforcement
hereof:
Ag & Markets Law: The Agriculture and Markets Law of the State of New York,
as now exists or as hereafter amended or renumbered.
Board: The Town Board of the Town of Lansing.
Complaint: A document filed by any Person which is signed under oath
and which alleges a violation of this Local Law,
Dangerous Dog: a Dog that has been declared to be dangerous pursuant to
§§ 108 and 121 of the Ag & Markets Law, as now exist or as hereafter
amended or renumbered, or any Dog declared vicious, whether from any
other proceeding or jurisdiction.
Dog: Any mammal of the family or genus canine or canidae, including
the species Canis Familiaris.
Enforcement Officer: Any Person appointed by the Board as an
Enforcement Officer hereunder, plus any Dog Control Officer of the
Town, any Town Constable, and any police agency of the Town, the
County, or the State of New York.
a
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Continued, May 18, 2005
Harbor: Any act or acts that indicate some degree of ownership of any
Dog, including but not limited to (1) the periodic provision of food and
water, shelter, care, and /or supplies to any Dog, or (2) the exercising of
custody or care of any Dog. The periodic provision of goods or services
need not be regular, recurring, or systematic in order for any Person to be
Harboring any Dog or deemed an Owner thereof. This term includes all
derivatives of the word "Harbor ", including but not limited to Harboring,
Harbors, Harbored, etc.
Leash: a leash, rope, chain, or similar device secured to a collar, harness,
bit and bridle, or to the Dog itself.
Minor: Any Person under the age of 18 years.
Owner: (1) Any Person that is the Registered Owner of any Dog, and /or
(2) any Person who Harbors any Dog, and/or (3) any head of household
where any resident Minor owns or Harbors any Dog. A Dog may have
more than one Owner.
Person: Any individual, firm, partnership, agency, association, corporation,
company, or entity or organization of any kind.
Property: Any real property in the Town of Lansing. When used in
connection with the phrase "Property of the Owner" this term shall mean
land or improvements upon any land in which the Owner has any interest
by virtue of a valid and legal interest arising by a license, lease, or
thorough title in fee or any other estate in real property.
Registered Owner: The Person who is listed as the owner of any Dog
upon any dog license pertaining to such Dog.
Town: The Town of Lansing, Tompkins County, State of New York.
Article 5. Prohibited Acts
Any Owner of any Dog in the Town of Lansing shall be in violation of this Local Law if:
A. Any Dog is not restrained by an adequate collar and Leash or harness
when not on or within the Property of the Owner, unless a permit allowing
an exception has first been obtained from the Town's Code Enforcement
Office.
B. The Owner permits, intentionally or otherwise, any Dog to repeatedly
and habitually engage in any activity as to constitute a nuisance, including
but not limited to (1) repeated and persistent loud howling or barking, (2)
the chasing of pedestrians, bicyclists, motor vehicles, or other contrivances
traveling upon or near any public road, (3) the causing of damage or
destruction to the property of any Person other than the Owner, (4) the
repeated defecation or urination on Property other than the Property of the
Owner, (5) the chasing or pursuit of any Person (other than upon or within
the Property of the Owner) in such manner as reasonably to cause
intimidation or to put such Person in reasonable apprehension of bodily
harm or injury.
C. The Dog attacks or injures any cat, dog, or domestic animal other than
in self - defense, in defense of a litter, or in defense of the Owner or the
Owner's Property,
D. Any Dog is unlicensed when 4 months of age or older, except (1) any
Dog confined to the premises of a licensed animal shelter or animal
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Continued, May 18, 2005
hospital, (2) any Dog possessing a purebred license under Article 7 of the
Ag & Markets Law, (3) a Dog confined to the premises of any college,
educational, or research institution for the purposes of animal research or
veterinary care, or (4) any Dog confined to the premises of any Person that
holds a valid certificate of exemption issued by the New York State
Department of Agriculture and Markets.
E. Any Dog that is not wearing a current and valid New York State dog
license identification tag while not upon or within the Property of the
Owner, whether or not restrained by an adequate collar, Leash, or
harness except (1) any Dog confined to the premises of a licensed
animal shelter or animal hospital, (2) any Dog possessing a purebred
license under Article 7 of the Ag & Markets Law, (3) a Dog confined
to the premises of any college, educational, or research institution for
the purposes of animal research or veterinary care, or (4) any Dog
confined to the premises of any Person that holds a valid certificate of
exemption issued by the New York State Department of Agriculture
and Markets. No license tag may be placed upon any animal other than
the Dog for which such license was issued.
F. Any Dog is not currently vaccinated against rabies.
G. Any Dog is not redeemed within five days after being notified either
personally or by mail that said Dog has been seized and impounded.
H. Any Dog is permitted or allowed to be upon any private Property,
other than the Property of the Owner, without the knowledge and consent
of the owner or occupant of such private Property
I. Any Person hinders or resists any Enforcement Officer when such
Enforcement Officer is lawfully acting pursuant to this Local Law or the
Ag & Markets Law.
J. Any Dangerous Dog is not handled or confined as required in Article 6
of this Local Law and /or the Ag & Markets Law,
Article 6. Dangerous Dogs.
This Article shall not change or modify any procedures identified or specified in the Ag
& Markets Law pertaining to the adjudication of a Dog as a Dangerous Dog. Any Owner
of any Dog adjudicated to be a Dangerous Dog shall comply with the following
requirements, which are in addition to any conditions or terms (a) imposed by any court
or tribunal, and /or (b) required by the Ag & Markets Law:
A. Any Owner that relocates to the Town from another jurisdiction where
any Dog owned by such Owner was declared to be vicious or a Dangerous
Dog shall comply with these requirements within 30 days of such
relocation.
B. The Owner shall provide confinement for such Dangerous Dog as
specified in § 121(4) of the Ag & Markets Law.
C. The Owner shall post all Property where such Dog is Harbored with
conspicuous warning signs that the Dog is a Dangerous Dog. For this
purpose, the Town may adopt a sign size and style that may be required to
be so posted.
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Continued, May 18 2005
D. The Owner shall obtain and maintain in force and effect at all times a
liability insurance policy issued by an insurer licensed to do business
in New York State, which policy shall provide for a minimum of
$50,000.00 in liability coverage for any damage or injury caused by
such Dangerous Dog, which policy shall also be required to
affirmatively state that activities of the Dangerous Dog are a covered
event under such policy.
E. The Owner shall annually provide to the Town Clerk updated
photographs of the Dangerous Dog accurately depicting its size,
coloring, and any unique or identifying features.
F. The Owner shall annually register the Dangerous Dog with the Town
Clerk and receive a special permit therefor, the cost of which shall be
$30.00, which amount is in addition to any licensing requirements or fee.
This amount may be periodically changed by the Town Board by
Resolution. This fee shall be used to defray the expenses of issuing such
registration and enforcing this Article of this Local Law,
G. Each Owner shall immediately notify the Town Constable, the
Tompkins County Sheriffs Department, and the Town's Dog Control
Officer if any Dangerous Dog escapes confinement or is otherwise at
large, or if such Dangerous Dog has attacked any person or animal.
H. Each Owner shall notify the Town Clerk if the Dangerous Dog has
been transferred or sold, and shall provide the name of the new owner, and
the new owner's address and telephone number, as well as all locations, if
known, where such Dangerous Dog will be harbored. Until this
requirement is met, the Person so failing to provide the required notice
shall presumptively be and remain the Owner of the Dangerous Dog,
Article 7. Enforcement Officers.
A. The Town Board may appoint any Person as an Enforcement Officer,
and by Resolution of the Board, the Town may designate any one or more,
or change the designation, of the Town's Dog Control Officer(s).
B. Any Person who is an Enforcement Officer, and the Town's Dog
Control Officer, shall have the authority to (a) issue civil or criminal
summonses or appearance tickets, and (b) to seize dogs either on or off the
premises of the Owner, if such Officer witnesses a violation of this Local
Law, and (c) to take such other actions as are permitted by law.
B. The Tompkins County Society for the Prevention of Cruelty to
Animals is hereby declared to be an Enforcement Officer and the Town's
Dog Control Officer,
Article 8. Complaint Procedures & Related Matters.
A. Any Person who observes a Dog in violation of any acts prohibited by
this Local Law may file a Complaint with either the Town Court Offices
or the Town's Dog Control Officer, which Complaint must at a minimum
(1) specify the behaviors or incidents that violate this Local Law, (2)
specify the date(s) of such behaviors or incidents, (3) specify the place or
places where such conduct occurred, and (4) specify the name and
residence, if known, of the Owner of the Dog, (5) provide a description of
the Dog, including its size, color, and name (if known), and (6) provide a
clear statement as to whether the notice commences or will commence a
civil or criminal proceeding. An action commenced by any Person other
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Continued, May 18, 2005
than a police officer, a peace officer, the Enforcement Officer, the Town's
Dog Control Officer, or the Town Constable. (each if acting within the
scope of their duties) shall be a civil action.
B. The fact that a Dog is in violation of any of the provisions of this Local
Law shall be presumptive evidence that the Dog has been permitted to be
in violation with the knowledge of the Owner.
C. A Dog at large without a license tag attached to a collar shall be
presumptively deemed to be unlicensed.
D. An unlicensed Dog harbored in any dwelling shall presumptively be
deemed to be owned by all non - Minors residing in such dwelling.
E.. The Town may intervene (with Court permission) as an interested
party in any proceeding arising under this Local Law or under the Ag &
Markets, and may submit pleadings, briefs, or argument in favor of or
against any position of any party to such proceeding, and may question
witnesses, call witnesses, and take such other actions as are permitted to
intervening parties by the laws of the State of New York.
F. As to any civil proceeding arising under this Local Law, the Attorney
for the Town may prosecute the same in the name of the Town, or if the
proceeding was commenced by any police agency, the Town Constable, or
the Town Dog Control Officer, in the name of any complainant.
G. As to any criminal proceeding arising under this Local Law, the Town
may make request of the Tompkins County District Attorney that the
Attorney for the Town be appointed as a temporary special prosecutor to
prosecute such claim against any Person. The Attorney for the Town shall
be responsible to and under the supervision and control of the District
Attorney when acting pursuant to such appointment.
Article 9. Fines and Penalties.
All provisions of New York law generally applicable to misdemeanors shall apply to any
criminal misdemeanor proceeding brought under this Article, and/except that each and
any misdemeanor identified herein 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 a criminal violation and subject to a
criminal fine of not more than $75.00, or (2) subject to a civil penalty of
not more than $250.00 to be recovered by the Town in a civil action:
except that a violation of Article 6 shall be deemed an unclassified
misdemeanor subject to a criminal fine of not more than $250.00, or a
civil penalty of not more than $500.00.
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 $250.00, or (2) subject
to a civil penalty of not more than $750.00 to be recovered by the Town in
a civil action.
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
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133
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 $500.00 and a period of
incarceration not to exceed 30 days, or (2) subject to a civil penalty of not
more than $1,000.00 to be recovered by the Town of Lansing in a civil
action.
D. In its discretion, any court may also require that restitution be paid by
any Owner to any Person whose body or property were damaged or
injured by any Dog.
E. Each and all remedies and rights provided to the Town under this
Local Law 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 admiralty. 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.
Article 10. Savings 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. Limitation of Liability.
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. In limitation of the foregoing, the Town shall not be
liable or responsible for any destruction of any animal pursuant to this Local Law or the
provisions of the Ag & Markets Law.
Article 12. Effective Date.
This Local Law shall take effect immediately upon filing with the New York State
Secretary of State.
PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE LAND USE
ORDINANCE.
05 -101 RESOLUTION, offered by Mr. McEver and seconded by Mr. Christopher:
RESOLVED, that the Public Hearing on proposed amendments to the Land Use
Ordinance is called to order at 8:37 p.m.
Carried.
05 -102 RESOLUTION, offered by Mr. Shattuck and seconded by Mrs. Wilcox:
RESOLVED, that the Public Hearing on the proposed changes to the Land Use
Ordinance is hereby closed at 8:39 p.m.
Carried.
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Continued, May 18, 2005
ACCEPT NEGATIVE DECLARATION:
RESOLUTION 05 -103
Resolution Making Negative Declaration of Environmental Impact
under SEQRA (Land Use Amendments)
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 18th day of May, 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 Douglas McEver, 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, at
the
request
of the Town Board and the
Code Enforcement Office, the
Planning Board
has
worked.to
identify needed changes to
the Land Use Ordinance; and
WHEREAS, the Town has considered and carefully reviewed the requirements of the
Town Law relative to land use regulations 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
amend the Land Use Ordinance to make changes thereto that will benefit the Town as a
whole and provide for the betterment of the health, safety, and welfare of its citizens; and
WHEREAS, the Town of Lansing Planning Board has prepared draft amendments to the
Land Use Ordinance after a lengthy process of examination of the needs of the Town, and
the areas where regulation and control of growth are required, and the Planning Board
having submitted the draft amendments to the Lansing Town Board, and
WHEREAS, the Town Board
having reviewed the proposed
amendments and
having
conducted a review of the needs
of the Town for amendment of its
land use controls,
and
WHEREAS, the proposed amendments consist o£ (1) adding boathouses and cabanas to
the list of definitions and including them as regulated structures; and (2) defining and
regulating accessory apartments, thereby changing the nature of allowed uses, site plan
review and variances pertaining thereto, in zones RA, L1, R1, R2, R3, B1 and 132; and
WHEREAS, the proposed action of adopting the amendments to the Land Use Ordinance
is determined to be a Type I SEQR action pursuant to 6 NYCRR § 617.4(b)(1), and the
long -form EAF is determined to be the appropriate level of initial review under SEQRA;
and
WHEREAS, the Town duly considered the impact not only upon the Town of Lansing,
but also areas outside the Town of Lansing, and in connection therewith, the Town has
also carefully considered its comprehensive planning objectives within the context of the
Town's Master Plan and finds that the proposed amendments are consistent therewith,
and
WHEREAS, the action will require compliance with General Municipal Law Section
239 -1 and 239 -m, and related provisions; and
WHEREAS, there are no other Involved Agencies as defined by the SEQR Act, and the
Interested Agencies are determined to be the Town of Lansing Planning Board, The
Villages of Lansing and Cayuga Heights, the Towns of Ithaca, Dryden, Genoa, Locke,
and Groton, the Counties of Tompkins and Cayuga, the Tompkins County Planning
Board, and the New York State Department of Environmental Conservation; and
s
Continued, May 18, 2005
WHEREAS, and accordingly, the Town Board was previously identified as the Lead
Agency; and
WHEREAS, upon such notice having been duly provided to the County Planning Board
and all Interested Agencies, ' and no objection or concerns relative to such amendments
having being made or received; and
WHEREAS, a public hearing was duly held concerning the SEQR Long Form EAF
review at 8:15 p.m. on May 18, 2005 at the Town Hall at 29 Auburn Road, Lansing, New
York 14882, whereat all persons were permitted to speak and the matter was considered;
and
WHEREAS, a copy of proposed Land Use Ordinance amendments are and have been on
file at the Town Clerk's Offices, and the same were made available for public review;
and
WHEREAS, the Town Board having conducted a State Environmental Quality Review
and having completed an Environmental Assessment Form, and the Town Board having
reviewed the proposal in light of the Town's Zoning and building policies and the
Town's Comprehensive Plan; and
WHEREAS, upon the evidence given at such public hearing, and upon due deliberation
upon this matter, the Town Board of the Town of Lansing has hereby
RESOLVED AND DETERMINED, that the proposed amendments comply with the
requirements of the New York SEQR Act, and the Regulations promulgated thereunder,
and the Town Board, as lead agency, hereby makes a negative declaration of
environmental impact.
OPEN PUBLIC HEARING ON AMENDMENTS TO SUBDIVISION RULES &
REGULATIONS,
05 -104 RESOLUTION, offered by Mr. Christopher and seconded Mrs. Wilcox:
RESOLVED, that the Public Hearing on proposed changes to the Subdivision
Rules and Regulations is hereby opened at 8:40 p.m.
Carried.
05 -105 RESOLUTION, offered by Mr. Christopher and seconded by Mr. McEver:
RESOLVED, that the Public Hearing on proposed changes to the Subdivision
Rules and Regulations is hereby closed at 8:41 p.m.
Carried.
APPROVE NEGATIVE DECLARATION:
RESOLUTION 05 -106
Resolution Issuing Negative Declaration under SEQRA
Confirming and Re- 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 18th day of May, 2005, the following
135
136
Continued, May 18, 2005
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, 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
procedures; (9) identify final plat requirements and procedures; (10) identify the nature of
review and applicability of SEQRA; (I1) 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, the Town is hereby considering the exercise of its powers of supersession 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; 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 Aprill, 2005, at 8:00 o'clock P.M., to consider
the aforesaid Local Law and, and to hear all persons interested in the subject thereof, and
to take such action thereon as is required or permitted by law; and 0
WHEREAS, this Local Law was conditionally approved on April 20, 2005, subject to a
formal SEQR Review; and
WHEREAS, a public hearing was duly noticed and held concerning the SEQR Long
Form EAF review at 8:30 p.m. on May 18, 2005 at the Town Hall at 29 Auburn Road,
Lansing, New York 14882; and
Continued, May 18, 2005
WHEREAS, the Town Board of the Town of Lansing was previously declared, by
Resolution, to be the Lead Agency for purposes of SEQR Review, and the matter was
duly referred to the County Planning Board pursuant to General Municipal Law §§ 239
(1) and 239 (m) for review, and the County having not objected thereto and more than 30
days having passed; and
WHEREAS, the Town Board having conducted a State Environmental Quality Review
and having completed an Environmental Assessment Form, and the Town Board having
reviewed the proposal in light of the Town's Zoning and building policies and the
Town's Comprehensive Plan; and
WHEREAS, upon the evidence given at such public hearings, and upon due deliberation
upon this matter, it is hereby
RESOLVED AND DETERMINED, that the project complies with the requirements of
the New York SEQR Act, and the Regulations promulgated thereunder, and the Town
Board, as lead agency, hereby makes a negative declaration of environmental impact; 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, re -adopt and re- 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.
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
137
138
Continued, May 18, 2005
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 Change: 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 Frontage 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.
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.
139
Continued, May 18, 2005
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
Ohm 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 SEQR.
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.
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.
SEQRA: 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.
P14 0
Continued, May 18, 2005
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:
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.
141
Contimued, May 18, 2005
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. Major Subdivision - Preliminary Plat Submission:
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
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,
B. 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.
NEAR
Continued, May 18, 2005
C. 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.
D. 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 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.
3. 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. 0
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.
f '
143
Continued, May 18, 2005
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
SEQRpublic 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
expenses incurred
to any Persons
responsibility of
notification servic
notice publication, posting and mailing fees and
by the Town, together with all mailing charges
entitled to notice hereunder, shall be the
the Subdivider. The minimum fee for such
�.s 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 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.
' 44
Continued, May 18, 2005
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.
See. 404. Final Plat Submission:
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
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Continued, May 18, 2005
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,
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. Filinji of Approved and Endorsed Final Plat:
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Continued, May 18, 2005
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
703 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
Officer, in writing, when the Final Plat has been filed with the County
Clerk.
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.
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Continued, May 18, 2005
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.
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
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Continued, May 18, 2005
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.
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
Im
Continued, May 18, 2005
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
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.
A
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Continued, May 18, 2005
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.
Sec. 506. Flag 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.
ARTICLE 6.
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Continued, May 18, 2005
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.
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;
Secondary Roads - Roads which collect traffic from local Roads and
carry it to primary Roads, but do n_ of 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;
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Continued, May 18, 2005
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
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.
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Continued, May 18, 2005
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.
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.
16'1!
Continued, May 18, 2005
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
3.
M
Sec. 605. Lots:
The provision of attractively laid out building sites suitable
to the land uses proposed.
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.
The provision of utilities and public services.
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.
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
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Continued, May 18, 2005
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.
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, V 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
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Continued, May 18, 2005
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,
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
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Continued, May 18, 2005
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 9: VIOLATIONS AND PENALTIES.
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:
"15) 8
Continued, May 18, 2005
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
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
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Continued, May 18, 2005
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.
(Exhibits and Schedules not published — they are available at the Town Clerk's Office)
SCI]
ION
RESOLUTION 05 -107
ltwm
Resolution Adopting Amendments to the
Town of Lansing Land Use Control Ordinance
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 18th day of May, 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 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, at the request of the Town Board and the Code Enforcement Office, the
Planning Board has worked to identify needed changes to the Land Use Ordinance; and
WHEREAS, the Town has considered and carefully reviewed the requirements of the
Town Law relative to land use regulations 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
10�
Continued, May 18, 2005
amend the Land Use Ordinance to make changes thereto that will benefit the Town as a
whole and provide for the betterment of the health, safety, and welfare of its citizens; and
WHEREAS, the Town of Lansing Planning Board has prepared draft amendments to the
Land Use Ordinance after a lengthy process of examination of the needs of the Town, and
the areas where regulation and control of growth are required, and the Planning Board
having submitted the draft amendments to the Lansing Town Board, and
WHEREAS, the Town Board having reviewed the proposed amendments and having
conducted a review of the needs of the Town for amendment of its land use controls, and
WHEREAS, the proposed amendments consist of: (1) adding boathouses and cabanas to
the list of definitions and including them as regulated structures; and (2) defining and
regulating accessory apartments, thereby changing the nature of allowed uses, site plan
review and variances pertaining thereto, in zones RA, L1, RI, R2, R3, B1 and 132; and
WHEREAS, the proposed action of adopting the amendments to the Land Use Ordinance
was determined to be a Type I SEQR action pursuant to 6 NYCRR & 617.4(b)(1), and the
long -form EAF was determined to be the appropriate level of initial review under
SEQRA; and
WHEREAS, the Town duly considered the impact not only upon the Town of Lansing,
but also areas outside the Town of Lansing, and in connection therewith, the Town has
also carefully considered its comprehensive planning objectives within the context of the
Town's Master Plan and finds that the proposed amendments are consistent therewith,
and
WHEREAS, the action will require compliance with General Municipal Law Section
239 -1 and 239 -m, and related provisions; and
WHEREAS, there are no other Involved Agencies as defined by the SEQR Act, and the
Interested Agencies are determined to be the Town of Lansing Planning Board, The
Villages of Lansing and Cayuga Heights, the Towns of Ithaca, Dryden, Genoa, Locke,
and Groton, the Counties of Tompkins and Cayuga, the Tompkins County Planning
Board, and the New York State Department of Environmental Conservation; and
WHEREAS, upon such notice having been duly provided to the County Planning Board
and all Interested Agencies, and no objection having been received concerning such
amendments; and
WHEREAS, a public hearing was duly held concerning the proposed amendments to the
Land Use Ordinance at 8:15 p.m. on May 18, 2005 at the Town Hall at 29 Auburn Road,
Lansing, New York 14882, whereat all persons were permitted to speak and the matter
was considered; and
WHEREAS, a public hearing was duly held concerning the SEQR Long Form EAF
review at 8:15 p.m. on May 18, 2005 at the Town Hall at 29 Auburn Road, Lansing, New
York 14882, whereat all persons were permitted to speak and the matter was considered
and a negative declaration of environmental impact declared by Resolution 05 -103; and
WHEREAS, a copy of proposed Land Use Ordinance amendments are and have been on
file at the Town Clerk's Offices, and the same were made available for public review;
and
WHEREAS, upon the evidence given at such public hearings, and upon due deliberation
upon this matter, the Town Board of the Town of Lansing has hereby
RESOLVED that the Town's Land Use Ordinance, as adopted by Resolution of October
15, 2003 be and is hereby amended by (1) adding boathouses and cabanas to the list of
definitions and including them as regulated structures; and (2) defining and regulating
accessory apartments, thereby changing the nature of allowed uses, site plan review and
variances pertaining thereto, in zones RA, L1, R1, R2, R3, B1 and B2, both and all as
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Continued, May 18, 2005
appended hereto as Exhibit A, which Exhibit is incorporated herein as if set forth in full,
and the same is approved and adopted; and it is further
RESOLVED, that NOTICE be and is hereby given of the adoption of each and all such
amendments to the Town of Lansing Land Use Ordinance (commonly known as the
Zoning Ordinance), and the Town Clerk be and hereby is directed to (a) file and publish
this Resolution and the said Ordinance within 10 days of this Resolution, (b) keep and
maintain any official revisions to the Land Use Ordinance Map(s) in an official and
separate file of the Town of Lansing, to be available for inspection by the public, (c) file
the affidavit of publication, and (d) to do and take such other steps as are required by law
to give effect to this Resolution and the adoption of the amendments to the Land Use
Ordinance,
05 -108 RESOLUTION, offered by Mr. McEver and seconded by Mrs. Wilcox:
RESOLVED, that the Public Hearing on a Special Use Permit for Hygear is
hereby opened at 8:45 p.m.
Carried.
Brad Griffin wanted the following stated for the record:
"My name is Bradley Griffin, I am a resident of the Town of Lansing, I am a
former member and chair of the Town Park Commission and I am a former and chair of
the Planning Board. I'm simply here to speak for the Land Use issue which this involves.
It's my belief and experience that the Use Law is inappropriate for the designated area.
While I broaden the fact that an attempt has been make to establish special conditions, I
would warrant by experience that those special conditions would in the end, be an
intendment to the applicant and an embarrassment to the Town. "
He did not feel the special conditions would last. He said it was an attempt to
compromise a situation that is simply inappropriate.
He advised not doing it.
Tom Ellis stated the following:
This would effect Woodsedge residents, a home he owns and another resident or
two. He felt this use would adversely effect the ability to sell his property. He stated that it
has been his experience that one year permits are being used without proper compliance
and enforcement. He can see it being abused. He asked if the reward for ignoring the
Town Ordinance is a Special Use Permit? He did not feel this was fully Mr. Benson's
fault but felt the owner of the property was to blame.
The Planning Board recommendation to the Town Board regarding this matter
was not unanimous. There should have been more discussion. In no way, shape, or manner
was this the type of use the Planning Board wanted for the B -2 area. There should have
been more discussion by the Planning Board before it went to the Town Board. It can only
be detrimental to the land around it. It sends the wrong message and sets the wrong
precedent.
05409 RESOLUTION, offered by Mr. Christopher and seconded by Mr. McEver:
RESOLVED, that the Public Hearing on the Special Use Permit for Hygear is
0 hereby closed at 8:55 p.m.
Carried.
Mrs. Wilcox asked where the Planning Board was all the other meetings that this
was being discussed at? Mrs. Wilcox stated that the Planning Board recommended this to
the Town Board. Mr. Ellis said the decision was not unanimous and that he had
subsequent discussions with three different Planning Board Members after the meeting
(where the Planning Board made it's recommendation to the Town Board) and once they
looked at the facts, all three agreed that they would not have passed it if there would have
been more discussion on it.
1.62
Continued, May 18, 2005
Mrs. Wilcox stated that this kind of erodes away the confidence in the Planning
Board.
Mr. Farkas stated that he had no calls or comments from the Planning Board.
Mr. Christopher asked Mr. Ellis where the others were that agree with him and
why didn't they all come back to the Board and say they want to change their minds?
Mr. Ellis told the Town Board that they do not have to accept the Planning Boards
recommendation and asked them to think individually and what they would be doing to
the Town documents.
Mr. Farkas stated that the Public Hearing was over.
Mr. Shattuck stated that, if they are looking for someone on the Board to take
blame, it should be him as he represents the Town Board on the Planning Board. He stated
that two things happened:
1. It is not an allowed use so when you order a seize and desist and it doesn't
stop, you have two choices. You let it keep going and make a decision later on or you
create a penalty. We never want to be anti - business. Hygear then came to the Planning
Board and showed what they were going along with the time frame and the Planning
Board put together a plan that they thought was o.k. or that they thought would pass some
mustard even though they may have been rushed. Bud told the Planning Board they
needed to do something to get back to the Town Board for a final decision. He stated that
he has not said anything strong up to this point because you should wait until the Public
Hearing.
He stated that after the Public Hearing, you go back and look at all the facts. Here
is a business that is legitimate, it runs and does well, it's international and it puts a very
good star on Lansing and at the same time, for whatever length of time, they have run
illegally even though they have been asked to stop. He felt it was the roll of the Board to
decide what was the right thing to do with the zoning laws the Town has. He stated that
many, many hours and thought have been put into the process of how the laws are put
together. That is more important than the amount of time a Board would spend on a
specific project. He stated that he cannot support this only because you set up a set of
rules and in this case it is a business that doesn't fit into the codes that the Town Board
adopted.
The following resolution was then adopted:
RESOLUTION 05 -110
Resolution Confirming and Re- Approving Special Use Permit
for Hygear Suspension after Public Hearing
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 18th day of May, 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 Connie Wilcox, and was duly seconded by
martin Christopher; and the vote was as follows: Stephen Farkas — aye, Francis Shattuck
— no, Douglas McEver — aye; Connie Wilcox — aye; Martin Christopher — aye; and the
following Resolution therefore passed 4 -1, 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
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Continued, May 18, 2005
WHEREAS, the applicant agreed with the conditions and acknowledged that such
conditions were reasonable and that the SUP is subject to periodic future review,
potential future revocation, and the requirements of a public hearing; and
WHEREAS, .a Public Hearing was duly 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 8:45
o'clock P.M., to consider the aforesaid Special use Permit application, 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, the Town has considered such recommended conditions and has examined
the permitted B 1 Zone uses and all neighboring uses; and
WHEREAS, GML §§ 239(1) and (m) notices were duly delivered to the County Planning
Board, and the County responded indicating no objections or matters of special concern;
and
WHEREAS, upon consideration of all evidence and testimony provided at such public
hearing, and upon due deliberation upon the same, and upon the application, the prior
Town Board hearing thereupon, and the conditions previously approved, the Town Board
of the Town of Lansing has hereby
RESOLVED that the prior Resolution of April 20, 2005 (Number 05 -076) be and hereby
is affirmed; and it is further
RESOLVED, that the SUP requested be and hereby is approved and re- approved subject
to the following permanent 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;
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 p.m. 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.
DAVE HERRICK — TOWN ENGINEER:
Mr. Herrick gave the Board the following information:
ENGINEER'S AGENDA
1. Water System Planning and Maintenance
a. Lansing Station Road
• The estimate for completion of the Engineer's Map, Plan and Report is $8,000. An
agreement between the Town and Engineer will be prepared if this is acceptable with
the Board.
• Per Attorney Krogh's recommendation the fiscal analysis associated with the Report
will include applying the `draft' January 2004 policy on new water system
construction. This process will likely require assistance from the Town's Fiscal
Advisor.
b. Bean Hill Pump Station
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Continued, May 18, 2005
• Highway Department has begun construction.
2. Sanitary Sewer System Planning and Maintenance
a. Sewer Committee
• Jim Blum has completed the evaluation of alternative EDU formulae for large, vacant
lots.
• Review status of project budget.
• Village committee meeting is May 20tH
• Next Town meeting is May 25tH
3. Stormwater Planning
a. MS4 Annual Report
• Address any comments from the public.
b. Pheasant Meadow Drainage District
• The estimate for completion of the Engineer's Map, Plan and Report is $3,000. An
agreement between the Town and Engineer will be prepared if this is acceptable with
the Board. Our new Stormwater Specialist will be available to start this work after
June 1 sc
• The district must be established prior to dedication of the stormwater management
facility.
• Mr. and Mrs. Jouandet (Whispering Pines Drive) have expressed an interest in
developing a formal swale on their property to connect the outlet of the detention
basin with the existing swale on Swaminathan. Topographic surveying and swale
design will be necessary and was originally authorized by the Board in 2004.
4. Transportation Planning
a. Highway Barn Solar Panel
• Peter Novelli has finalized the structural modifications for the roof truss system and
forward prints to Jack.
• Chester Ferguson has approached Mr. Herrick regarding the cost of getting public
water to his property on Ridge Road in the Town of Lansing. Mr. Herrick will look
over the original paper work and get back to Mr. Ferguson with a figure.
LANSING STATION ROAD:
TO DO A MAP, PLAN AND REPORT FOR
RESOLUTION 05 -111
Resolution Authorizing Engineering Plan, Map & Report
for Consolidated Water District Extension at Algerine and Lansing Station Roads
(Proposed CWD Extension #1)
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 18th day of May, 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:
165
Continued, May 18, 2005
WHEREAS, the Lansing Town Board having received input and a petition signed by
over 80% of the proposed affected property owners for the establishment of a proposed
Consolidated Water District ( "CWD ") Extension covering a portion of Lansing Station
Road and Algerine Road in the Town of Lansing; and
WHEREAS, the Town had previously authorized the Town Engineer to prepare
preliminary cost estimates for the same by Resolution Number 04 -197 of November 4,
2004; and
WHEREAS, the Town Engineer has prepared a preliminary estimate of the costs for the
construction of the proposed water district extension, and the Town Board has met with
the residents to share the information received from the Town Engineer, and the residents
having indicated approval to proceed with the preparation of a map, plan and report for
the project, and
WHEREAS, the expansion of the CWD into the affected areas is deemed to be in the
public interest; and
WHEREAS, upon consideration and deliberation upon the same, the Town Board of the
Town of Lansing has hereby
RESOLVED, that the Town Board of the Town of Lansing hereby directs the Town
Engineer to proceed with the preparation of a man plan and report for the construction of
a water district extension along Algerine and Lansing Station Roads (as shown in the
residents' application materials upon a may designated as District 17 Extension 5) and
that such proposed water district extension be designated as CWD Extension 1 • and it is
further
that the
exceed $8,000.00; and it is further
with
and regulations of the
of such funds be
Town Law � & 1
4ew York State
New York, that this
c
•Ill
La
referendum upon this matter.
AUTHORIZE MR. HERRICK TO DC
PHEASANT MEADOW DRAINAGE,
RESOLUTION 05 -112
Resolution Authorizing Engineering Plan, Map & Report
for Drainage District for Pheasant Way Subdivision
(Proposed Drainage District #1)
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 18th day of May, 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:
166
Continued, May 18, 2005
WHEREAS, the Lansing Town Board having approved necessary elements of the
Pheasant Way Subdivision and the Planning Board having issued an approval of the Final
Plat, and having sealed the same; and
WHEREAS, pursuant to the Town's Stormwater Local Law there is now a need to
establish a drainage district for the stormwater runoff and drainage within the said
subdivision; and
WHEREAS, the Town Engineer has prepared a preliminary estimate of the costs for the
map, plan and report for such special benefit district; and the Town Board having
indicated approval to proceed with the preparation of a map, plan and report for the
project, and
WHEREAS, the creation of a drainage district is deemed to be in the public interest; and
WHEREAS, upon consideration and deliberation upon the same, the Town Board of the
Town of Lansing has hereby
RESOLVED, that the Town Board of the Town of Lansing hereby directs the Town
Engineer to proceed with the preparation of a map, plan and report for the establishment
of the proposed Town of Lansing Drainage District #1, to be located within and function
for the benefit of the benefited properties of the Pheasant Way Subdivision; and it is
further
RESOLVED that the cost of such map, plan and report are authorized in an amount not to
exceed $3,000.00; and it is further
RESOLVED that, consistent with Town Law § 191 -a, and related provisions of the Town
Law and related laws and regulations of the State of New York, this Resolution and the
expenditure of such funds approved hereby be subject to a permissive. referendum.
— HIGHWAY SUPERIN1TENliEN 1:
Brush and Limb Pick -up:
This years brush and limb pick -up was very light as it only took two days to pick
up the Town and one day to pick up the Village.
CPR Certified:
All Highway Department employees have been recertified in CPR. This was done
through Cargill Salt.
Specifications for new roof:
The specifications were sent out and should be ready to be opened at the next
regular meeting.
Pheasant Meadow:
Passed the initial inspection.
Hickory Knoll:
There are two soft spots in the road but Scott Hicks will fix them.
167
Continued, May 18,2005
Conlon Road Detour:
Have had many complaints. People are complaining about the truck traffic and the
speed. Mr. Strauf, owner of G & L Trucking has been asked to have his men slow down.
He will see that the drivers get the message.
Vestal Asphalt (Cayuga Emulsions):
Many attempts to contact the owner of Vestal Asphalt have been unsuccessful.
The lease will be terminated starting at the end of June of 2005. The following resolution
was adopted regarding this matter:
RESOLUTION 05 -113
Resolution Terminating Vestal Asphalt (Cayuga Emulsions) Lease
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 18th day of May, 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 of Lansing had entered into a lease of Town property commonly
known as 26 Town Barn Road with Vestal Asphalt, Inc. (a/k/a Cayuga Emulsions)
(herein "Vestal ") dated April 1, 1995, which lease was renewed by an amended lease
dated April 1, 2000; and
WHEREAS, said latter lease required that Vestal notify the Town by October 1, 2004 if it
wished to renew the lease, and Vestal did not so notify the Town; and
WHEREAS, the Town repeatedly contacted Vestal concerning such lease, and delivered
upon two occasions a proposed lease for an additional term, which lease has never been
returned or executed; and
WHEREAS, the Town has determined that there is a public use for such property; and
WHEREAS, upon a review and consideration of the above and the terms of said now
expired lease, the Town Board of the Town of Lansing has hereby
RESOLVED, that the lease between the Town and Vestal is acknowledged as expired
and hereby canceled and terminated, and any offer to extend the same upon any terms be
and hereby is revoked; and it is further
RESOLVED, that Town Counsel and the Town Supervisor be and hereby are jointly and
severally authorized to provide such notices and prepare and execute such documents or
petitions for possession (or other claims) as may reasonably be necessary to recover the
property, and the use thereof, for the benefit of the Town; and it is further
RESOLVED, that pursuant to Paragraph 8 of the lease dated April 1, 2000, the Town
hereby exercises its option, right and privilege to keep all structures upon the formerly
leased property, EXCEPT that Vestal shall be required to remove, at its own and sole cost
and expense, all storage tanks (whether above or below ground), AND FURTHER,
Vestal shall obtain a clearance from the New York State Department of Environmental
Conservation that shows that the property is clean of environmental contamination, and if
such clearance cannot be given, Vestal shall perform such redemption and monitoring, at
its sole cost and expense, as are or may be necessary to obtain such clearance (See also
paragraphs 4, 5, 8, 11, and 13 of said lease), AND FURTHER, that the structural removal
of such facilities is subject to the approval of the Town, which hereby appoints the Town
0168
Continued, May 18, 2005
Engineer and the Town Highway Superintendent to act on behalf of the Town in this
regard; and it is further
RESOLVED that, effective immediately, Vestal shall add no more emulsions or other
substances to such tanks, for storage purposes or otherwise.
DICK PLATT — ZONING OFFICER:
Monthly Report:
Mr. Platt stated that it has been a slow month and that they were down in project
costs by $ 1,699.059.58 and down in permits by 51
Sale of parcel on Myers Road:
Mr. Herrick will get together with Mr. Krogh concerning an easement the Town should
keep for future use on this property. The property will then be put up for sale.
Zoning Ordinance Language — Bluff setbacks:
Mr. Platt stated that the definition of "Bluff s" in the Zoning Ordinance need to be looked
at. This will be done at a later date.
Archives Storage Building:
Mr. McEver stated that (3) bids were receive as follows:
1. TP Yard Pro $ 69750.00
2. Moravec Construction $ 125737.00
3. Ellis Construction $ 165250.00
After some discussion, the following resolution was offered:
RESOLUTION 05 -114
Resolution Authorizing Hiring of Contractor
for Completion of Town Archive Storage Building
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 18th day of May, 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 Douglas McEver, 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 previously determined that the public interest, the Open
Meetings Law, FOIL, and the requirements of law impose an obligation upon the Town
to maintain historical records and archival materials in a safe and accessible manner; and
WHEREAS, the Town had commenced construction upon a Town Archive Storage
Building adjacent to the current Town Hall, and had provided budget consideration and
approval for the same in 2004 and again in 2005; and
WHEREAS, there is a need to complete such construction and obtain a Certificate of
Occupancy therefor; and
Continued, May 18, 2005
169
WHEREAS, the Town has gathered bids for such completion, none of which exceed the
public works expenditures limits as to trigger public bid and notice requirements; and
WHEREAS, upon a consideration of all relevant facts and issues, the Town Board of the
Town of Lansing has hereby
RESOLVED, that the .bid of T.P. Yard Pro be and hereby is accepted in the amount of
$6750.00 (plus a 10% discretionary contingency is hereby approved; such amount to be
under the sole control of the Town, but the total not to exceed in any case $20,000.00 (or
such other number as may hereafter be referenced in general Municipal Law § 103)) to
complete the said building; and it is further
RESOLVED, that the Town Counsel be and hereby is authorized to prepare such
agreements and contracts as are deemed necessary or advisable to formalize such bid; and
it is further
RESOLVED, that the Town Supervisor or Deputy Town Supervisor be and hereby are
individually authorized to sign any such agreement by, for, and in the name of the Town
of Lansing.
AUDIT RESOLUTION:
05 -115 RESOLUTION, offered by Mrs. Wilcox and seconded by Mr. Christopher:
RESOLVED, that the bookkeeper is hereby authorized and directed to pay the
following bills:
Audited Vouchers: 365-479
Prepay Vouchers: 365-369
General Fund $ 7785464.97
Highway Fund 545816.69
Lansing Lighting 15658.20
Lansing Water Districts 10804.49
Cherry Road Sewer 567.47
Better Housing for Tompkins Co. 29 821.42
Trust and Agency 31 085.82
Vote of Town Board ... (Aye) Marty Christopher, Councilperson
Vote of Town Board ... (Aye) Doug McEver, Councilperson
Vote of Town Board ... (Aye) Bud Shattuck, Councilperson
Vote of Town Board ... (Aye) Connie Wilcox, Councilperson
Vote of Town Board ... (Aye) Stephen Farkas, Supervisor
Approve Minutes:
A copy of the minutes of April 201" and 27th, 2005, having been furnished to the
Board Members beforehand, the Supervisor asked for a motion to make corrections or to
accept the same as submitted.
05 -116 RESOLUTION, offered by Mr. Christopher and seconded by Mrs. Wilcox:
RESOLVED, that the minutes of April 20' and 27t', 2005 are hereby approved as
submitted.
Carried.
170
Continued, May 18, 2005
Recreation Department Report
Parks & Recreation Department
Town Board Meeting
May 18, 2005
RECREATION
• Cornell coaches run clinic: Dick Blood, head softball coach at Cornell
University and his assistant coaches conducted a game night softball clinic
for our LSP /Majors level girls on Monday night. Coaches and players from
the 4 teams in the division participated in the free clinic. An emphasis was
placed on pitching technique and was beneficial for both players and coaches.
• New Cardio Step Class: Our new Cardio Step Class is under way and takes
place in our Community Center on Monday and Thursday evenings under the
direction of Marcia Larsen. We have gotten really great written reviews and
feedback from our participants.
• Summer Program Package is done: Patrick Tyrrell has done a GREAT job
with our summer booklet. We have taken many compliments regarding the
lay out and appearance alone. This year's booklet incorporates a lot of clip
art and color. The printing of the booklet was done here "in house ". We did
tie up the copier for a while but when completed we saved over $2,000.00 in
coping costs over last year, when we sent the job out. Pat is currently
working on our next booklet that will come out around the middle of June.
This booklet will contain our late summer and fall programming.
• Credit Card Sales update: Yesterday, we processed over $1300 in credit
card sales for just recreation programs. So... people are using credit cards
for more than just camp sites, pavilions or marina slips.
• Department Audit completed: The Parks & Recreation audit was completed
this week. Bob Gauthier C.P.A. with Ciaschi- Dietershagen reviewed our
procedures. The results were good!
PARKS
• Electrical projects completed: The camp area and marina electrical
projects have been completed by Scott McMillen.
• Camping Reservations coming in: As of today, we have already been
prepaid for 807 nights of camping all reserved in advance! We are currently
sold out with. no vacancy over the Memorial Day weekend and for the July 4 th
holiday.
• Concession Stand to open weekends: The current plan is to have our
concession building open on weekends starting Memorial weekend. Menu and
specific hour are TBA.
• Boat Launch is open: Seasonal and daily launch passes are now being sold.
We will open for admissions on the Memorial holiday.
• Girl Scouts planting flowers: Our local Girl Scouts will be planting our
flower beds in Myers Park next Monday 5/23.
171
Continued, May 18, 2005
BOARD MEMBER REPORTS:
Marty Christopher:
Assessment Hearing:
Mr. Christopher stated that himself and Mr. McEver attended a training session at
the Tompkins County Assessment Department. He stated that about 30 people regarding
about 40 parcels attended the Grievance Day held at the Town Hall on May 11`n
Tech Committee:
The committee held their first meeting on April 21, 2005 and will probably meet
once a month for at least the next year.
Connie Wilcox:
Lansing Housing Authority:
Steve Palladino will be removed from the committee due to personal time and
restraints. The following resolution was then adopted:
RESOLUTION 05 -117
Resolution Removing Steve Palladino
from Lansing Housing Authority Board
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 18th day of May, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and Martin
Christopher, Councilperson; and the following members being absent: none; 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, and Martin
Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly
adopted:
WHEREAS, by Resolution 04 -111 of June 16, 2004, the Town of Lansing appointed
Steve Palladino to a 5 -year term upon the Lansing Housing Authority Board; and
WHEREAS, by voluntary resignation and request, based upon personal and time
constraints, Mr. Palladino has requested that his appointment be terminated; and
WHEREAS, after review and discussion of the matter, the Town Board of the Town of
Lansing has hereby
0 RESOLVED, that Steve Palladino be and hereby is removed from the Lansing Housing
Authority, effective immediately.
Doug McEver:
Darby Kiley's contract,
Mr. McEver informed the Board that the I.O. has extended Darby's contract
until December 31, 2005.
172
Continued, May 18, 2005
Bud Shattuck:
Darby Kiley:
Looking at grants to see if she can fund herself.
He felt that if an option comes up for a planner, that Darby would be a great one
to have. At the June meeting, we will be adding 10 hours for her, on a contractual basis.
Personnel Committee:
The new accountants will be doing some cross training on the GASB45. All
should be invited to the training.
Steve Farkas:
Change Time of Regular Board Meeting:
Mr. Farkas stated that he would like to change the starting time of the Regular
Board Meetings from 7:00 p.m. to 6:00 p.m. starting with the June 15, 2005 meeting. The
Board agreed and made the following resolution:
RESOLUTION 05 -118
Resolution Establishing Regular Meeting Time
for Regular Lansing Town Board Meetings as and at 6:00 p.m.
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 18th day of May, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and 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, and Martin
Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly
adopted:
WHEREAS, by Organizational Resolution 04 -08, the Town established the third
Wednesday of each month as the regular meeting date of the Town Board; and
WHEREAS, though not be Resolution, the Board has traditionally met at 7:00 pm, but
for several years now, such a start time frequently prevents addressing all matters under
consideration at reasonable hours; and
WHEREAS, after review and discussion of the matter, the Town Board of the Town of
Lansing has hereby
RESOLVED, that the Town Board's regularly Scheduled Board Meetings be and hereby
are set to commence at 6:00 pm for the remainder of the 2005 calendar year, and
Organizational Resolution 05 -08 be deemed amended accordingly.
Rental of Town lands to Tina Turek:
Mr. Farkas asked for the Board's approval to sign a contract for the Town of
Lansing to lease land to Tina Turek for agricultural purposes. The following resolution
was then offered:
Continued, May 18, 2005
RESOLUTION 05 -119
173
Resolution Authorizing the Town Supervisor to Renew
Turek Land Lease Upon the Same Terms for an Additional Term
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 18th day of May, 2005, the following
members being present: Stephen Farkas, Supervisor; Francis Shattuck, Councilperson;
Douglas McEver, Councilperson; Connie Wilcox, Councilperson; and 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, and Martin
Christopher — aye; and the following Resolution therefore passed 5 -0, and was duly
adopted:
WHEREAS, the Town had leased approximately 3 acres to Tina Turek, said land being
located along S.R. 34 west of the Hilliard property; and
WHEREAS, said Tina Turek desires to renew such prior lease for an additional 1 -year
term and the Town is agreeable to the same; and
WHEREAS, the Town desires to renew such lease upon similar or the same terms and
conditions as stated in the June 2004 lease; and
WHEREAS, after review and discussion of the matter, the Town Board of the Town of
Lansing has hereby
RESOLVED, that the lease of the said 3 acres to Tina Turek be and hereby is approved
and renewed for an additional 1 -year term, and that the Town Supervisor be and hereby is
authorized to negotiate such terms and execute such lease as he deems to be in the best
interests of the Town.
05 -120 RESOLUTION offered by Mr. Christopher and seconded by Mr. McEver:
RESOLVED, that the meeting is hereby adjourned at the call of the Supervisor at
10:16 p.m.
Carried.