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HomeMy WebLinkAbout2003-11-14 w to. galeatc.4744 C r DEP • t ' M N, • ; 4 ' NING • I 1 L. F . E * . Str • ctr ; th a, 6. ki,t4c_ i=k ' 4 : L 0 Edward C. Marx, AICPTelephone (607) 4-5560 Commissioner of Planning * ` Fax (607) 274-5578 . ` November 14, 2003 L ! �� Nancy Loncto, Chair Town of Lansing Planning Board Box 186 Lansing, NY 14882 RE: Inter-governmental Agreement for Tompkins County Review of Local Planning and Zoning Actions Under New York State General Municipal Law Dear Ms. Loncto : In May 2002 we held a forum to discuss county and local municipal cooperation regarding a wide range of planning issues. Many of you attended that forum. As a result of input received we committed to developing an agreement to limit the scope of County Planning review of certain local planning and zoning actions. The authority to enter into such agreements is provided in Article 12-B, Section 239, of New York State General Municipal Law. The process for developing this agreement included working directly with planning staff from a number of • municipalities. A draft agreement was then reviewed with and endorsed by the Municipal Planning Coalition formed by the Tompkins County Municipal Officials Association. That agreement is enclosed for your consideration. We hope to execute this agreement with all planning and zoning boards as well as those few elected municipal boards that have a direct role in reviewing the actions covered by the agreement. We encourage you to participate in this effort to reduce unnecessary paperwork and streamline the local review of more routine matters. Please execute both copies of the agreement and return one copy to this office. The agreement will be implemented upon receipt by the Tompkins County Planning Department. If you have any questions regarding the agreement please contact me. Sincerely, C 2,,3/47 Edward C. Marx, AICP Commissioner of Planning Enclosure cc : County Legislators Tom Todd & George Totman Dick Platt, Zoning Officer / Planner Stephen Farkas, Supervisor • Town Council Members w r • Inter-governmental Agreement Tompkins County Review of Local Zoning and Planning Actions Under New York State General Municipal Law A1/4This agreement is made this 074/ day o�,e,,, .e4 2003 between the Tompkins County Planning Department and the Town of Lansing Planning Board. A. Authority and Purpose of State Law The authority for county planning agency review of certain local planning and zoning actions is provided in Article 12-B , Section 239 (1, m & n) of New York State General Municipal Law (GML) . The purpose as stated in law is "to bring pertinent inter-community and county-wide planning, zoning, site plan and subdivision considerations to the attention of neighboring municipalities and agencies having jurisdiction. " B . Current Practice in Tompkins County The Tompkins County Charter gives responsibility for the implementation of this county review to the Commissioner of Planning. All matters identified in GML Section 239 (m & n) are currently subject to review. C. Authority for Inter-governmental Agreement GML Section 239 (m) specifically authorizes the county planning agency to "enter into an agreement with the referring body or other duly authorized body • of a city, town or village to provide that certain proposed actions set forth in this subdivision are of local, rather than inter-community or county-wide concern, and are not subject to referral under this section." GML Section 239 (n) authorizes the same agreement with respect to subdivision plats . II. Items to be Excluded from Review Pursuant to the authority cited herein the parties to this agreement do hereby agree that the following items are of local, rather than inter-community or county-wide, concern and are not subject to referral to the Tompkins County Planning Department under New York State General Municipal Law Article 12-B Section 239 (l, m & n) : A. Lot frontage, width or depth variances for residential uses ; B . Lot area variances for additions to residential uses on existing non-conforming lots; C . Special Permits or Site Plan Reviews for permitted accessory uses and home occupations on residential lots ; D. Residential subdivisions of fewer than 5 lots all of which comply with local zoning standards and Tompkins County Sanitary Code requirements, and do not involve new local roads or streets directly accessing a State or county road; • E. Yard setback variances not abutting County or State property, a State or County road right of way, or a municipal boundary; • F. Site Plan Reviews or Special Permits for change of commercial use in an existing building not involving any change in building footprint and with no change in vehicular access on a State or County highway; G. Sign variances exceeding local standards by 20% or less . III. Execution, Termination and Modification A. The undersigned parties attest that they have the authority to enter into this agreement. This agreement shall become effective upon execution by both parties. B . The agreement shall remain in effect unless terminated by 60 days advance written notice by either party. Such notice shall be by certified mail to the Tompkins County Commissioner of Planning or the authorized local municipal official, as appropriate. C . The agreement may be modified by mutual agreement of the parties hereto . By: l z - � f 7v Tompkins County Commissioner of Planning Da Llia-icel dr --c)-t". 102 y o3 Chair, Planning Board • Town of Lansing • N\ ád7i Tompkns �County- L; 1111 DEPARTM°ENLI PL'ANNIN 1l 1 EatstCo ' Stret th a, ,4 cork 4 r'0 Edward C. Marx, AICP Vii= ) Telephone (607) 274-5560 Commissioner of Planning * Fax (607) 274-5578 November 14, 2003 Steve White, Chair Town of Lansing Zoning Board of Appeals Box 186 Lansing, NY 14882 RE: Inter-governmental Agreement for Tompkins County Review of Local Planning and Zoning Actions Under New York State General Municipal Law Dear Mr. White: In May 2002 we held a forum to discuss county and local municipal cooperation regarding a wide range of planning issues . Many of you attended that forum. As a result of input received we committed to developing an agreement to limit the scope of County Planning review of certain local planning and zoning actions . The authority to enter into such agreements is provided in Article 12-B , Section 239, of New York State General Municipal Law. The process for developing this agreement included working directly with planning staff from a number of • municipalities . A draft agreement was then reviewed with and endorsed by the Municipal Planning Coalition formed by the Tompkins County Municipal Officials Association. That agreement is enclosed for your consideration. We hope to execute this agreement with all planning and zoning boards as well as those few elected municipal boards that have a direct role in reviewing the actions covered by the agreement. We encourage you to participate in this effort to reduce unnecessary paperwork and streamline the local review of more routine matters. Please execute both copies of the agreement and return one copy to this office. The agreement will be implemented upon receipt by the, Tompkins County Planning Department. If you have any questions regarding the agreement please contact me. . A Sincerely, Edward C . Marx, AICP Commissioner of Planning • Enclosure cc : County Legislators Tom Todd & George Totman Dick Platt, Zoning Officer / Planner • Stephen Farkas, Supervisor Town Council Members 1 4 Inter-governmental Agreement • Tompkins County Review of Local Zoning and Planning Actions Under New York State General Municipal Law . This agreement is made this / 1 74) day of Kc _ , 2003 between the Tompkins County Planning Department and the Town of Lansing Zoning Board of Appeals . A. Authority and Purpose of State Law The authority for county planning agency review of certain local planning and zoning actions is provided in Article 12-B , Section 239 (1, m & n) of New York State General Municipal Law (GML) . The purpose as stated in law is "to bring pertinent inter-community and county-wide planning, zoning, site plan and subdivision considerations to the attention of neighboring municipalities and agencies having jurisdiction. " B . Current Practice in Tompkins County The Tompkins County Charter gives responsibility for the implementation of this county review to the Commissioner of Planning. All matters identified in GML Section 239 (m & n) are currently subject to review. C . Authority for Inter-governmental Agreement GML Section 239 (m) specifically authorizes the county planning agency to "enter into an agreement with the referring body or other duly authorized body • of a city, town or village to provide that certain proposed actions set forth in this subdivision are of local, rather than inter-community or county-wide concern, and are not subject to referral under this section. " GML Section 239 (n) authorizes the same agreement with respect to subdivision plats . II. Items to be Excluded from Review Pursuant to the authority cited herein the parties to this agreement do hereby agree that the following items are of local, rather than inter-community or county-wide, concern and are not subject to referral to the Tompkins County Planning Department under New York State General Municipal Law Article 12-B Section 239 (1, m & n) : A. Lot frontage, width or depth variances for residential uses; B . Lot area variances for additions to residential uses on existing non-conforming lots ; C . Special Permits or Site Plan Reviews for permitted accessory uses and home occupations on residential lots ; D . Residential subdivisions of fewer than 5 lots all of which comply with local zoning standards and Tompkins County Sanitary Code requirements, and do not involve new local roads or streets directly accessing a State or county road; • E. Yard setback variances not abutting County or State property, a State or County road right of way, or a municipal boundary; d 4 F. Site Plan Reviews or Special Permits for change of commercial use in an • existing building not involving any change in building footprint and with no change in vehicular access on a State or County highway; G. Sign variances exceeding local standards by 20% or less . III. Execution, Termination and Modification A. The undersigned parties attest that they have the authority to enter into this agreement. This agreement shall become effective upon execution by both parties. B . The agreement shall remain in effect unless terminated by 60 days advance written notice by either party. Such notice shall be by certified mail to the Tompkins County Commissioner of Planning or the authorized local municipal official, as appropriate. C . The agreement may be modified by mutual agreement of the parties hereto . By: (Yr , c7, 7„, Tompkins County Commissioner of Planning ate frily /7h 2V'J Ja /; r/ 7x01 Date Chair, Zoning Board of Appeals Town of Lansing .