HomeMy WebLinkAbout2025-05-21
May 21, 2025
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REGULAR TOWN BOARD MEETING
May 21, 2025
A Regular Meeting of the Lansing Town Board was held at the Town Hall Board Room,
29 Auburn Road, Lansing, NY, and streamed live on YouTube on the above date at
6:30 p.m. The meeting was called to order by Ruth Groff, Supervisor, and opened with
the Pledge of Allegiance to the flag. Roll call by Deborah K. Munson, Town Clerk,
showed the following to be
PRESENT:
Judy Drake, Councilperson Laurie Hemmings, Councilperson
Christine Montague, Councilperson Joseph Wetmore, Councilperson
Ruth Groff, Supervisor
ABSENT: No one absent
ALSO PRESENT: Mike Moseley, Director of Public Works/Highway Superintendent,
Mary Ellen Albrecht, Bookkeeper, Guy Krogh, Town Counsel, John Zepko, Director of
Planning, Mike Sigler, Tompkins County Legislator, Edward Dubovi, Conservation
Advisory Council Chairperson, Siobhan Hull, Kathleen Yen, Jennifer Tavares, Nathan
Tavares, Daniel Graybeal and a few other attendees.
MOTION TO OPEN THE PUBLIC HEARING FOR PROPOSED LOCAL LAW
# 2 OF 2025 TO AMEND TOWN CODE CHAPTER 142, FLOOD DAMAGE
PROTECTION – A LOCAL LAW PROVIDING FOR FLOOD DAMAGE
PREVENTION, MANAGEMENT AND PERMITTING
Councilperson Joseph Wetmore, moved to OPEN THE PUBLIC HEARING FOR
PROPOSED LOCAL LAW # 2 OF 2025 TO AMEND TOWN CODE CHAPTER
142, FLOOD DAMAGE PROTECTION – A LOCAL LAW PROVIDING FOR
FLOOD DAMAGE PREVENTION, MANAGEMENT AND PERMITTING at
6:32 pm.
Councilperson Laurie Hemmings seconded the motion.
All in Favor – 5 Opposed – 0
No one addressed the Town Board.
MOTION TO CLOSE THE PUBLIC HEARING
All persons desiring to be heard, having been heard, Councilperson Joseph Wetmore,
moved to CLOSE THE PUBLIC HEARING FOR PROPOSED LOCAL LAW # 2
OF 2025 TO AMEND TOWN CODE CHAPTER 142, FLOOD DAMAGE
PROTECTION – A LOCAL LAW PROVIDING FOR FLOOD DAMAGE
PREVENTION, MANAGEMENT AND PERMITTING at 6:33 pm.
Councilperson Judy Drake seconded the motion.
All in Favor – 5 Opposed – 0
MOTION TO OPEN THE PUBLIC HEARING FOR PROPOSED LOCAL LAW
# 3 OF 2025 TO AMEND TOWN CODE CHAPTER 240 “TAXATION”, TO
AMEND CERTAIN TAX EXEMPTION LIMITS AND ADD NEW EXEMPTIONS
FOR AND IN THE TOWN OF LANSING
Councilperson Joseph Wetmore, moved to OPEN THE PUBLIC HEARING FOR
PROPOSED LOCAL LAW # 3 OF 2025 TO AMEND TOWN CODE CHAPTER
240 “TAXATION”, TO AMEND CERTAIN TAX EXEMPTION LIMITS AND
ADD NEW EXEMPTIONS FOR AND IN THE TOWN OF LANSING at 6:33 pm.
Councilperson Laurie Hemmings seconded the motion.
All in Favor – 5 Opposed – 0
No one addressed the Town Board.
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MOTION TO CLOSE THE PUBLIC HEARING
All persons desiring to be heard, having been heard, Councilperson Joseph Wetmore,
moved to CLOSE THE PUBLIC HEARING FOR PROPOSED LOCAL LAW # 3
OF 2025 TO AMEND TOWN CODE CHAPTER 240“TAXATION”, TO AMEND
CERTAIN TAX EXEMPTION LIMITS AND ADD NEW EXEMPTIONS FOR
AND IN THE TOWN OF LANSING at 6:34 pm.
Councilperson Laurie Hemmings seconded the motion.
All in Favor – 5 Opposed – 0
RESOLUTION ADOPTING LOCAL LAW # 2 OF 2025 TO UPDATE AND
REPLACE TOWN CODE CHAPTER 142, ADDRESSING FLOOD PLAIN
DAMAGE PROTECTION RULES AND REGULATIONS
RESOLUTION 25-59
RESOLUTION ADOPTING LOCAL LAW # 2 OF 2025 TO UPDATE
AND REPLACE TOWN CODE CHAPTER 142, ADDRESSING FLOOD
PLAIN DAMAGE PROTECTION RULES AND REGULATIONS
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, FEMA, ACE, and the DEC have updated flood plain mapping, and the federal
and state governments have mandated that all authorities having jurisdiction update their
flood plain regulations to conform to standards they have developed, including for lands
located in the Town of Lansing; and
WHEREAS, allowed local elections were made, including those inserted into blanks left
in such mandated forms, and the same has been reviewed and preliminarily approved by
the Town and the DEC as a new and superseding local law designed to meet the state and
federal mandates, as well as to ensure continuing FEMA eligibility for the Town, and said
local law was made the subject of a public hearing on the 21st day of May, 2025, whereat
all persons wishing to be heard and all evidence as submitted were considered; and
WHEREAS, because this local law does not reorder any environmental priorities and is
merely an update to an already existing and complex set of previously mandated
requirements, and because it changes no allowed land uses and does not regulate land uses,
but only addresses how to obtain permits and approvals in certain designated flood hazard
areas, this matter was and hereby is again deemed to be a Type II SEQRA Action (see e.g.,
6 NYCRR Part 617, §§ 617.5(c)(25), (30), and (33)), such that no further environmental
review is required; and
WHEREAS upon deliberation upon the public hearing and comments and evidence
submitted thereat, if any, and the terms and requirements of such local law, the Town Board
of the Town of Lansing has RESOLVED as follows:
1. Local Law # 2 of 2025 be and hereby is approved and adopted in the form as presented
to this meeting and, in such form, “be it so enacted.”
2. In accordance with the Municipal Home Rule Law, the final adopted version of this
local law shall be filed with the Town Clerk and the New York Secretary as required by
the Municipal Home Rule Law. A copy shall also be filed with and submitted to the DEC
at the following address: NYS Department of Environmental Conservation, Floodplain
Management Section, Attn: Brad Wenskoski, CFM, 625 Broadway, 4th Floor, Albany,
NY 12233-3504.
3. This local law shall be forwarded to the municipal code service for immediate
inclusion in the Town Code.
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The question of the adoption of such proposed Resolution was duly motioned by
Councilperson Joseph Wetmore, duly seconded by Councilperson Judy Drake, and put to
a roll call vote with the following results:
Councilperson Judy Drake – Aye Councilperson Laurie Hemmings – Aye
Councilperson Christine Montague – Aye Councilperson Joseph Wetmore – Aye
Supervisor Ruth Groff – Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May
21, 2025.
TOWN OF LANSING LOCAL LAW #2 OF 2025
A LOCAL LAW PROVIDING FOR FLOOD DAMAGE
PREVENTION, MANAGEMENT, AND PERMITTING
SECTION 1.0 - STATUTORY AUTHORIZATION AND PURPOSE
1.1 AUTHORITY AND FINDINGS. This local law is adopted as authorized by The
New York State Constitution Article IX, Section 2, Environmental Conservation Law
Article 36, and Municipal Home Rule Law § 10. The Town Board of the Town of Lansing
finds that the potential or actual damages from flooding and erosion may be a problem to
the residents of the Town of Lansing and that such damages may include destruction or
loss of private and public housing, damage to public facilities, both publicly and privately
owned, and injury to and loss of human life. To minimize the threat of such loss or
damages, and to achieve the purposes and objectives hereinafter set forth, this local law is
adopted and made a part of the Town Code of the Town of Lansing, Chapter 142, hereby
repealing, superseding, and replacing current Town Code Chapter 142.
1.2 STATEMENT OF PURPOSE. It is the purpose of these regulations and this
chapter to promote the public health, safety, and general welfare, and to minimize public
and private losses due to flood conditions in specific areas by provisions designed to:
(1) regulate uses which are dangerous to health, safety, and property due to water
or erosion hazards, or which result in damaging increases in erosion or in flood
heights or velocities;
(2) require that uses vulnerable to floods, including facilities which serve such
uses, be protected against flood damage at the time of initial construction;
(3) control the alteration of natural floodplains, stream channels, and natural
protective barriers which are involved in the accommodation of flood waters;
(4) control filling, grading, dredging and other development which may increase
erosion or flood damages;
(5) regulate the construction of flood barriers which will unnaturally divert flood
waters, or which may increase flood hazards to other lands; and
(6) qualify and maintain for participation in the National Flood Insurance
Program.
1.3 OBJECTIVES. The objectives of this chapter are:
(l) to protect human life and health;
(2) to minimize expenditure of public money for costly flood control projects;
(3) to minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone, and sewer lines, streets and bridges located in areas
of special flood hazard;
(6) to help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future flood
blight areas;
(7) to provide that developers are notified that property is in an area of special
flood hazard; and,
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(8) to ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
SECTION 2.0 – DEFINITIONS. Unless specifically defined below, words or phrases
used in this chapter shall be interpreted so as to give them the meaning they have in
common usage and to give this chapter its most reasonable application.
“Accessory Structure” is a structure used solely for parking (two-car detached garages
or smaller) or limited storage, represent a minimal investment of not more than 10
percent of the value of the primary structure, and may not be used for human habitation.
"Appeal" means a request for a review of the Local Administrator's interpretation of
any provision of this Chapter or a request for a variance.
"Area of shallow flooding" means a designated AO, AH or VO Zone on a
community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual
chance of flooding to an average annual depth of one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Area of special flood hazard" is the land in the floodplain within a community
subject to a one percent or greater chance of flooding in any given year. This area may
be designated as Zone A, AE, AH, AO, A1-A30, A99, V, VO, VE, or V1-V30. It is
also commonly referred to as the base floodplain or l00-year floodplain. For purposes
of this Chapter, the term “special flood hazard area (SFHA)” is synonymous in meaning
with the phrase “area of special flood hazard.”
"Base flood" means the flood having a one percent chance of being equaled or
exceeded in any given year.
"Basement" means that portion of a building having its floor subgrade (below ground
level) on all sides.
"Building" See "Structure"
"Cellar" has the same meaning as "Basement".
"Crawl Space" means an enclosed area beneath the lowest elevated floor, eighteen
inches or more in height, which is used to service the underside of the lowest elevated
floor. The elevation of the floor of this enclosed area, which may be of soil, gravel,
concrete, or other material, must be equal to or above the lowest adjacent exterior grade.
The enclosed crawl space area shall be properly vented to allow for the equalization of
hydrostatic forces which would be experienced during periods of flooding.
"Development" means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining, dredging, filling,
paving, excavation or drilling operations or storage of equipment or materials.
"Elevated building" means a non-basement building (i) built, in the case of a building
in Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, to have the top of the elevated
floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the
lowest horizontal structure member of the elevated floor, elevated above the ground
level by means of pilings, columns (posts and piers), or shear walls parallel to the flow
of the water and (ii) adequately anchored so as not to impair the structural integrity of
the building during a flood of up to the magnitude of the base flood. In the case of
Zones A1-A30, AE, A, A99, AO, AH, B, C, X, or D, "elevated building" also includes
a building elevated by means of fill or solid foundation perimeter walls with openings
sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones
V1-V30, VE, or V, "elevated building" also includes a building otherwise meeting the
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definition of "elevated building", even though the lower area is enclosed by means of
breakaway walls that meet the federal standards.
"Federal Emergency Management Agency" means the Federal agency that
administers the National Flood Insurance Program.
"Flood" or "Flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas from:
(l) the overflow of inland or tidal waters;
(2) the unusual and rapid accumulation or runoff of surface waters from any
source.
"Flood" or "flooding" also means the collapse or subsidence of land along the shore of
a lake or other body of water as a result of erosion or undermining caused by waves or
currents of water exceeding anticipated cyclical levels or suddenly caused by an
unusually high water level in a natural body of water, accompanied by a severe storm,
or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge,
or by some similarly unusual and unforeseeable event which results in flooding as
defined in (1) above.
"Flood Boundary and Floodway Map (FBFM)" means an official map of the
community published by the Federal Emergency Management Agency as part of a
riverine community's Flood Insurance Study. The FBFM delineates a Regulatory
Floodway along water courses studied in detail in the Flood Insurance Study.
"Flood Elevation Study" means an examination, evaluation, and determination of the
flood hazards and, if appropriate, corresponding water surface elevations, or an
examination, evaluation, and determination of flood- related erosion hazards.
"Flood Hazard Boundary Map (FHBM)" means an official map of a community,
issued by the Federal Emergency Management Agency, where the boundaries of the
areas of special flood hazard have been designated as Zone A but no flood elevations
are provided.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, on
which the Federal Emergency Management Agency has delineated both the areas of
special flood hazard and the risk premium zones applicable to the community.
"Flood Insurance Study" see "flood elevation study".
"Floodplain" or "Flood-prone area" means any land area susceptible to being
inundated by water from any source (see definition of "Flooding").
"Floodproofing" means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures, and their
contents.
"Floodway" - has the same meaning as "Regulatory Floodway".
"Functionally dependent use" means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water, such as a docking
or port facility necessary for the loading and unloading of cargo or passengers,
shipbuilding, and ship repair facilities. The term does not include long-term storage,
manufacturing, sales, or service facilities.
"Highest adjacent grade" means the highest natural elevation of the ground surface,
prior to construction, next to the proposed walls of a structure.
"Historic structure" means any structure that is:
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(1) listed individually in the National Register of Historic Places (a listing
maintained by the Department of the Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual listing
on the National Register;
(2) certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered
historic district;
(3) individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the
Interior; or
(4) individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified either:
(i) by an approved state program as determined by the Secretary of the Interior
or
(ii) directly by the Secretary of the Interior in states without approved programs.
"Local Administrator" is the person appointed by the community to administer and
implement this chapter by granting or denying development permits in accordance with
its provisions. This person is often the Building Inspector, Code Local Administrator,
or employee of an engineering department.
"Lowest floor" means lowest floor of the lowest enclosed area (including basement or
cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles,
building access, or storage in an area other than a basement area is not considered a
building's lowest floor; provided, that such enclosure is not built so as to render the
structure in violation of the applicable non-elevation design requirements of this
Chapter.
"Manufactured home" means a structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or without a
permanent foundation when connected to the required utilities. The term does not
include a "Recreational vehicle"
"Manufactured home park or subdivision" means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of l929, the North American Vertical
Datum of 1988 (NAVD 88), or other datum, to which base flood elevations shown on
a community's Flood Insurance Rate Map are referenced.
"Mobile home" - has the same meaning as "Manufactured home".
"New construction" means structures for which the "start of construction"
commenced on or after the effective date of a floodplain management regulation
adopted by the community and includes any subsequent improvements to such
structure.
"One-hundred-year flood" or "100-year flood" has the same meaning as "Base
Flood".
"Principally above ground" means that at least 5l percent of the actual cash value of
the structure, excluding land value, is above ground.
"Recreational vehicle" means a vehicle which is:
(1) built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projections;
(3) designed to be self-propelled or permanently towable by a light duty truck; and,
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(4) not designed primarily for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
"Regulatory Floodway" means the channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height as
determined by the Federal Emergency Management Agency in a Flood Insurance Study
or by other agencies as provided in Section 4.4-2 of this Law.
"Start of construction" means the date of permit issuance for new construction and
substantial improvements to existing structures, provided that actual start of
construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement is within 180 days after the date of issuance. The actual start of
construction means the first placement of permanent construction of a building
(including a manufactured home) on a site, such as the pouring of a slab or footings,
installation of pilings or construction of columns.
Permanent construction does not include land preparation (such as clearing,
excavation, grading, or filling), or the installation of streets or walkways, or excavation
for a basement, footings, piers or foundations, or the erection of temporary forms, or
the installation of accessory buildings such as garages or sheds not occupied as
dwelling units or not part of the main building. For a substantial improvement, the
actual “start of construction” means the first alteration of any wall, ceiling, floor, or
other structural part of a building, whether or not that alteration affects the external
dimensions of the building.
"Structure" means a walled and roofed building, including a gas or liquid storage tank
that is principally above ground, as well as a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby
the cost of restoring the structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds 50 percent of the
market value of the structure before the "start of construction" of the improvement. The
term includes structures which have incurred "substantial damage", regardless of the
actual repair work performed. The term does not, however, include either:
(1) any project for improvement of a structure to correct existing violations of state
or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions; or
(2) any alteration of a "Historic structure", provided that the alteration will not
preclude the structure's continued designation as a "Historic structure".
"Variance" means a grant of relief from the requirements of this chapter which permits
construction or use in a manner that would otherwise be prohibited by this chapter.
“Violation” means the failure of a structure or other development to be fully compliant
with the community’s flood plain management regulations.
SECTION 3.0 - GENERAL PROVISIONS.
3.1 LANDS TO WHICH THIS CHAPTER APPLIES. This chapter shall apply to
all areas of special flood hazard within the jurisdiction of the Town of Lansing, Tompkins
County, New York.
3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD. The areas of special flood hazard for the Town of Lansing, Community
Number 360852 are identified and defined on the following documents prepared by the
Federal Emergency Management Agency.
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(1) Flood Insurance Rate Map Panels: 36109C0009D, 36109C0013D, 36109C0020D,
36109C0040D, 36109C0056D, 36109C0057D, 36109C0059D, 36109C0076D,
36109C0077D, 36109C0078D, 36109C0079D, 36109C0081D, 36109C0082D,
36109C0083D, 36109C0084D, 36109C0086D, 36109C0087D, 36109C0091D,
36109C0092D, 36109C0093D, 36109C0094D, 36109C0105D, 36109C0115D,
36109C0182D, 36109C0201D, 36109C0202D, whose effective date is June 18,
2025.
(2) A scientific and engineering report entitled “Flood Insurance Study, Tompkins
County, New York, (All Jurisdictions),” dated June 18, 2025.
The above documents are hereby adopted and declared to be a part of this Chapter. The
Flood Insurance Study and/or maps are on file at: Lansing Town Hall, 29 Auburn Rd,
Lansing NY, 14882
3.3 INTERPRETATION AND CONFLICT WITH OTHER LAWS. This Chapter
includes all revisions to the National Flood Insurance Program through June 26, 2001, and
shall supersede all previous laws adopted for the purpose of flood damage prevention.
In their interpretation and application, the provisions of this chapter shall be held to
be minimum requirements, adopted for the promotion of the public health, safety, and
welfare. Whenever the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that
imposing the higher standards, shall govern.
3.4 SEVERABILITY. The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision thereof.
3.5 VIOLATIONS; PENALTIES FOR NON-COMPLIANCE. No structure in an
area of special flood hazard shall hereafter be constructed, located, extended, converted, or
altered, and no land shall be excavated or filled, without full compliance with the terms of
this chapter and any other applicable regulations. Any infraction of the provisions of this
chapter by failure to comply with any of its requirements, including infractions of
conditions and safeguards established in connection with conditions of the permit, shall
constitute a violation. The following are violations of this chapter: (i) any act or failure to
act in violation of, or non-compliance with, the requirements of this chapter; and (ii) any
act or failure to act in violation of, or non-compliance with, the terms and conditions of
any permit, stop work order, or certificate of compliance issued under this chapter.
The violation of this chapter shall be a criminal offense classified as a “violation,”
punishable by a monetary fine of not less than $100 nor more than $500, or imprisonment
for not more than l5 days, or both. Each day of noncompliance may be charged as, and
shall be considered, a separate offense. Each conviction of each offense shall be separately
sentenced under law. In addition:
(1) Any structure found not compliant with the requirements of this chapter for which
the developer and/or owner has not applied for and received an approved variance
under Section 6.0 will be declared non-compliant and notification sent to the
Federal Emergency Management Agency and each and all remedies and rights
provided to the Town under this section shall be cumulative, and the Town's pursuit
of any one right or remedy does not effect a waiver or an election of remedies, and
the Town may thereafter pursue or continue to pursue any other right or remedy it
may have in law, equity, or in admiralty, whether simultaneously or sequentially;
and
(2) Any violation of or noncompliance with this chapter may also and separately result
in the termination, modification, or revocation of any permits or approvals as
issued, the refusal of the Town to issue any approvals, endorsements, certifications,
building permits, certificates of occupancy, certificates of compliance, and any
similar or other document or approval, until the applicant or person rectifies and
cures each and all such violations; and
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(3) Until the violation or noncompliance is abated, the Town may suspend any review
or other proceedings in relation to any pending matters, permit approvals, or land
use reviews or approvals; and
(4) Any person who has been in violation of this chapter may also be required to restore
or repair any land to its undisturbed condition and any repair, remediation, or
removal not undertaken in compliance with an order of the Town may be
undertaken, after due notice, by the Town, with the cost of the same to be paid by
the applicant or landowner and to become a lien upon the subject real property until
paid, and the Town may also commence any one or more civil proceedings in any
court of competent jurisdiction to recover the costs of such remediation, removal,
repair, or restoration, together with all consequential and incidental losses, costs,
expenses, and damages, including reasonable attorneys’ and experts' fees.
For purposes of this chapter, the Town's justice court is hereby vested and imbued with
jurisdiction to issue administrative and other warrants in compliance with common law and
the New York Criminal Procedure Law and administrative codes of the State of New York,
as well as to hear and adjudicate allegations relating to the criminal violation of this chapter
and thereafter, if appropriate, impose any fine, penalty, or sanction. Whenever the Town
shall believe from evidence satisfactory to it that there is a violation of this chapter, the
Town may also bring an action to enjoin and restrain the continuation of such violation and
in any such action preliminary relief may be granted under Article 63 of the Civil Practice
Law and Rules and the Town shall not be required to: (i) post any bond or undertaking; (ii)
prove that there is or will likely be irreparable harm; or (iii) prove that the Town has no
adequate remedy at law. In such action, the court may also award any damages or other
relief requested, including declaring the rights and interests of any parties and imposing
any criminal convictions and sentences.
3.6 WARNING AND DISCLAIMER OF LIABILITY. The degree of flood
protection required by this chapter is considered reasonable for regulatory purposes and is
based on scientific and engineering considerations. Larger floods can and will occur on
rare occasions. Flood heights may be increased by man-made or natural causes. This
chapter does not imply that land outside the area of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages. This chapter shall not create
liability on the part of the Town of Lansing any officer or employee thereof, or the Federal
Emergency Management Agency, for any flood damages that result from reliance on this
chapter, or any administrative decision lawfully made there under.
SECTION 4.0 - ADMINISTRATION
4.1 DESIGNATION OF THE LOCAL ADMINISTRATOR. The Director of
Planning & Code Enforcement or other such person(s) as hereafter so appointed by
resolution of the Town Board is hereby appointed Local Administrator to administer and
implement this chapter by granting or denying floodplain development permits in
accordance with its provisions.
4.2 THE FLOODPLAIN DEVELOPMENT PERMIT.
4.2-1 PURPOSE. A floodplain development permit is hereby established for all
construction and other development to be undertaken in areas of special flood hazard
in this community for the purpose of protecting its citizens from increased flood
hazards and ensuring that new development is constructed in a manner that minimizes
its exposure to flooding. It shall be unlawful to undertake any development in an area
of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in
Section 3.2, without a valid floodplain development permit. Application for a permit
shall be made on forms furnished by the Local Administrator and may include, but not
be limited to: plans, in duplicate, drawn to scale and showing: the nature, location,
dimensions, and elevations of the area in question; existing or proposed structures, fill,
storage of materials, drainage facilities, and the location of the foregoing. The Local
Administrator may amend and update the permit whenever deemed necessary or
required to comply with law or achieve the purposes and goals of this chapter.
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4.2-2 FEES. All applications for a floodplain development permit shall be
accompanied by an application fee as periodically set by the Town Board, with an
initial fee hereby set at $200.00. In addition, the applicant shall be responsible for
reimbursing the Town of Lansing for any additional costs necessary for review,
inspection, and approval of this project. The Local Administrator may require a deposit
as may be periodically set by resolution of the Town Board, with an initial maximum
deposit set at $500.00 to cover these additional costs. These fees and deposit amounts
may hereafter be periodically amended or updated by resolution of the Town Board.
4.3 APPLICATION FOR A PERMIT. The applicant shall provide the following
information as appropriate. Additional information may be required on the permit
application form.
(1) The proposed elevation, in relation to mean sea level, of the lowest floor (including
basement or cellar) of any new or substantially improved residential structure to be
located in a special flood hazard area. Upon completion of the lowest floor, the
permitee shall submit to the Local Administrator the as-built elevation, certified by
a licensed professional engineer or surveyor.
(2) The proposed elevation, in relation to mean sea level, of the lowest floor (including
basement or cellar) of any new or substantially improved non-residential structure
to be located in Zones A1-A30, AE, or AH or Zone A if base flood elevation data
are available. Upon completion of the lowest floor, the permitee shall submit to the
Local Administrator the as-built elevation, certified by a licensed professional
engineer or surveyor.
(3) The proposed elevation, in relation to mean sea level, to which any new or
substantially improved non-residential structure will be floodproofed. Upon
completion of the floodproofed portion of the structure, the permitee shall submit
to the Local Administrator the as-built floodproofed elevation, certified by a
professional engineer or surveyor.
(4) A certificate from a licensed professional engineer or architect that any utility
floodproofing will meet the criteria in Section 5.2-3, UTILITIES.
(5) A certificate from a licensed professional engineer or architect that any non-
residential floodproofed structure will meet the floodproofing criteria in Section
5.4, NON-RESIDENTIAL STRUCTURES.
(6) A description of the extent to which any watercourse will be altered or relocated as
a result of proposed development. Computations by a licensed professional
engineer must be submitted that demonstrate that the altered or relocated segment
will provide equal or greater conveyance than the original stream segment. The
applicant must submit any maps, computations or other material required by the
Federal Emergency Management Agency (FEMA) to revise the documents
enumerated in Section 3.2, when notified by the Local Administrator, and must pay
any fees or other costs assessed by FEMA for this purpose. The applicant must also
provide assurances that the conveyance capacity of the altered or relocated stream
segment will be maintained.
(7) A technical analysis, by a licensed professional engineer, if required by the Local
Administrator, which shows whether proposed development to be located in an area
of special flood hazard may result in physical damage to any other property.
(8) In Zone A, when no base flood elevation data are available from other sources, base
flood elevation data shall be provided by the permit applicant for subdivision
proposals and other proposed developments (including proposals for manufactured
home and recreational vehicle parks and subdivisions) that are greater than either
50 lots or 5 acres.
4.4 DUTIES AND RESPONSIBILITIES OF THE LOCAL ADMINISTRATOR.
Duties of the Local Administrator shall include, but not be limited to, the following.
4.4-1 PERMIT APPLICATION REVIEW. The Local Administrator shall
conduct the following permit application review before issuing a floodplain
development permit:
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(1) Review all applications for completeness, particularly with the requirements of
subsection 4.3, APPLICATION FOR A PERMIT, and for compliance with the
provisions and standards of this law.
(2) Review subdivision and other proposed new development, including
manufactured home parks to determine whether proposed building sites will be
reasonably safe from flooding. If a proposed building site is located in an area
of special flood hazard, all new construction and substantial improvements shall
meet the applicable standards of Section 5.0, CONSTRUCTION
STANDARDS and, in particular, sub-section 5.1-1 SUBDIVISION
PROPOSALS.
(3) Determine whether any proposed development in an area of special flood
hazard may result in physical damage to any other property (e.g., stream bank
erosion and increased flood velocities). The Local Administrator may require
the applicant to submit additional technical analyses and data necessary to
complete the determination.
If the proposed development may result in physical damage to any other
property or fails to meet the requirements of Section 5.0, CONSTRUCTION
STANDARDS, no permit shall be issued. The applicant may revise the
application to include measures that mitigate or eliminate the adverse effects
and re-submit the application.
(4) Determine that all necessary permits have been received from those
governmental agencies from which approval is required by State or Federal law.
4.4-2 USE OF OTHER FLOOD DATA
(1) When the Federal Emergency Management Agency has designated areas of
special flood hazard on the community's Flood Insurance Rate map (FIRM) but
has neither produced water surface elevation data (these areas are designated
Zone A or V on the FIRM) nor identified a floodway, the Local Administrator
shall obtain, review and reasonably utilize any base flood elevation and
floodway data available from a Federal, State or other source, including data
developed pursuant to paragraph 4.3(7), as criteria for requiring that new
construction, substantial improvements or other proposed development meet
the requirements of this law.
(2) When base flood elevation data are not available, the Local Administrator may
use flood information from any other authoritative source, such as historical
data, to establish flood elevations within the areas of special flood hazard, for
the purposes of this law.
(3) When an area of special flood hazard, base flood elevation, and/or floodway
data are available from a Federal, State or other authoritative source, but differ
from the data in the documents enumerated in Section 3.2, the Local
Administrator may reasonably utilize the other flood information to enforce
more restrictive development standards.
4.4-3 ALTERATION OF WATERCOURSES
(l) Notification to adjacent municipalities that may be affected and the New York
State Department of Environmental Conservation prior to permitting any
alteration or relocation of a watercourse and submit evidence of such
notification to the Regional Administrator, Region II, Federal Emergency
Management Agency.
(2) Determine that the permit holder has provided for maintenance within the
altered or relocated portion of said watercourse so that the flood carrying
capacity is not diminished.
4.4-4 CONSTRUCTION STAGE
(1) In Zones A1-A30, AE and AH, and Zone A if base flood elevation data are
available, upon placement of the lowest floor or completion of floodproofing of
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a new or substantially improved structure, obtain from the permit holder a
certification of the as-built elevation of the lowest floor or floodproofed
elevation, in relation to mean sea level. The certificate shall be prepared by or
under the direct supervision of a licensed land surveyor or professional engineer
and certified by same. For manufactured homes, the permit holder shall submit
the certificate of elevation upon placement of the structure on the site. A
certificate of elevation must also be submitted for a recreational vehicle if it
remains on a site for 180 consecutive days or longer (unless it is fully licensed
and ready for highway use).
(2) Any further work undertaken prior to submission and approval of the
certification shall be at the permit holder's risk. The Local Administrator shall
review all data submitted. Deficiencies detected shall be cause to issue a stop
work order for the project unless immediately corrected.
4.4-5 INSPECTIONS. The Local Administrator and/or the developer's engineer
or architect shall make periodic inspections at appropriate times throughout the period
of construction to monitor compliance with permit conditions and enable said inspector
to certify, if requested, that the development is in compliance with the requirements of
the floodplain development permit and/or any variance provisions.
4.4-6 STOP WORK ORDERS
(1) The Local Administrator shall issue, or cause to be issued, a stop work order
for any floodplain development found ongoing without a development permit.
Disregard of a stop work order shall subject the violator to the penalties
described in Section 3.5 of this chapter.
(2) The Local Administrator shall issue, or cause to be issued, a stop work order
for any floodplain development found non-compliant with the provisions of this
law and/or the conditions of the development permit. Disregard of a stop work
order shall subject the violator to the penalties described in Section 3.5 of this
chapter.
4.4-7 CERTIFICATE OF COMPLIANCE
(l) In areas of special flood hazard, as determined by documents enumerated in
Section 3.2, it shall be unlawful to occupy or to permit the use or occupancy of
any building or premises, or both, or part thereof hereafter created, erected,
changed, converted or wholly or partly altered or enlarged in its use or structure
until a certificate of compliance has been issued by the Local Administrator
stating that the building or land conforms to the requirements of this chapter.
(2) A certificate of compliance shall be issued by the Local Administrator upon
satisfactory completion of all development in areas of special flood hazard.
(3) Issuance of the certificate shall be based upon the inspections conducted as
prescribed in Section 4.4-5, INSPECTIONS, and/or any certified elevations,
hydraulic data, floodproofing, anchoring requirements or encroachment
analyses which may have been required as a condition of the approved permit.
4.4-8 INFORMATION TO BE RETAINED. The Local Administrator shall
retain, and make available for inspection, copies of the following:
(1) Floodplain development permits and certificates of compliance;
(2) Certifications of as-built lowest floor elevations of structures, required pursuant
to sub-sections 4.4-4(1) and 4.4-4(2), and whether or not the structures contain
a basement;
(3) Floodproofing certificates required pursuant to sub-section 4.4-4(1), and
whether or not the structures contain a basement;
(4) Variances issued pursuant to Section 6.0, VARIANCE PROCEDURES; and,
(5) Notices required under sub-section 4.4-3, ALTERATION OF
WATERCOURSES.
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SECTION 5.0 - CONSTRUCTION STANDARDS.
5.1 GENERAL STANDARDS. The following standards apply to new development,
including new and substantially improved structures, in the areas of special flood hazard
shown on the Flood Insurance Rate Map designated in Section 3.2.
5.1-1 SUBDIVISION PROPOSALS. The following standards apply to all new
subdivision proposals and other proposed development in areas of special flood hazard
(including proposals for manufactured home and recreational vehicle parks and
subdivisions):
(l) Proposals shall be consistent with the need to minimize flood damage;
(2) Public utilities and facilities such as sewer, gas, electrical and water systems
shall be located and constructed so as to minimize flood damage; and,
(3) Adequate drainage shall be provided to reduce exposure to flood damage.
5.1-2 ENCROACHMENTS
(1) Within Zones A1-A30 and AE, on streams without a regulatory floodway,
no new construction, substantial improvements, or other development
(including fill) shall be permitted unless:
(i) the applicant demonstrates that the cumulative effect of the proposed
development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base
flood more than one foot at any location, or,
(ii) the Town of Lansing agrees to apply to the Federal Emergency
Management Agency (FEMA) for a conditional FIRM revision, FEMA
approval is received, and the applicant provides all necessary data,
analyses and mapping and reimburses the Town of Lansing for all fees
and other costs in relation to the application. The applicant must also
provide all data, analyses and mapping and reimburse the Town of
Lansing for all costs related to the final map revision.
(2) On streams with a regulatory floodway, as shown on the Flood Boundary
and Floodway Map or the Flood Insurance Rate Map adopted in Section
3.2, no new construction, substantial improvements, or other development
in the floodway (including fill) shall be permitted unless:
(i) a technical evaluation by a licensed professional engineer demonstrates
through hydrologic and hydraulic analyses performed in accordance
with standard engineering practice that such an encroachment shall not
result in any increase in flood levels during occurrence of the base flood,
or,
(ii) the Town of Lansing agrees to apply to the Federal Emergency
Management Agency (FEMA) for a conditional FIRM and floodway
revision, FEMA approval is received, and the applicant provides all
necessary data, analyses and mapping and reimburses the Town
of Lansing for all fees and other costs in relation to the application. The
applicant must also provide all data, analyses and mapping and
reimburse the Town of Lansing for all costs related to the final map
revisions.
(3) In Zones A1-A30, AE and AH, and also Zone A if base flood elevation data
are available, if any development is found to increase or decrease base flood
elevations, the shall as soon as practicable, but not later than six months
after the date such information becomes available, notify FEMA and the
New York State Department of Environmental Conservation of the changes
by submitting technical or scientific data in accordan ce with standard
engineering practice.
5.2 STANDARDS FOR ALL STRUCTURES. The following standards apply to new
development, including new and substantially improved structures, in the areas of
special flood hazard shown on the Flood Insurance Rate Map designated in Section 3.2.
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5.2-1 ANCHORING. New structures and substantial improvement to structures in
areas of special flood hazard shall be anchored to prevent flotation, collapse, or
lateral movement during the base flood. This requirement is in addition to
applicable State and local anchoring requirements for resisting wind forces.
5.2-2 CONSTRUCTION MATERIALS AND METHODS
(l) New construction and substantial improvements to structures shall be
constructed with materials and utility equipment resistant to flood damage.
(2) New construction and substantial improvements to structures shall be
constructed using methods and practices that minimize flood damage.
(3) For enclosed areas below the lowest floor of a structure within Zones A1-
A30, AE, AO or A, new and substantially improved structures shall have
fully enclosed areas below the lowest floor that are useable solely for
parking of vehicles, building access or storage in an area other than a
basement and which are subject to flooding, designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of flood waters. Designs for meeting this requirement must either
be certified by a licensed professional engineer or architect or meet or
exceed the following minimum criteria:
(i) a minimum of two openings of each enclosed area having a total net
area of not less than one square inch for every square foot of enclosed
area subject to flooding;
(ii) the bottom of all such openings no higher than one foot above the lowest
adjacent finished grade and;
(iii) openings not less than three inches in any direction.
Openings may be equipped with louvers, valves, screens or other coverings or
devices provided they permit the automatic entry and exit of floodwaters.
Enclosed areas sub-grade on all sides are considered basements and are not
permitted.
5.2-3 UTILITIES
(1) New and replacement electrical equipment, heating, ventilating, air
conditioning, plumbing connections, and other service equipment shall be
located at least two feet above the base flood elevation, at least three feet
above the highest adjacent grade in a Zone A without an available base flood
elevation where permitted, or be designed to prevent water from entering
and accumulating within the components during a flood and to resist
hydrostatic and hydrodynamic loads and stresses. Electrical wiring and
outlets, switches, junction boxes and panels shall be elevated or designed to
prevent water from entering and accumulating within the components
unless they conform to the appropriate provisions of the electrical part of
the Building Code of New York State or the Residential Code of New York
State for location of such items in wet locations;
(2) New and replacement water supply systems shall be designed to minimize
or eliminate infiltration of flood waters into the system;
(3) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters. Sanitary sewer and storm
drainage systems for buildings that have openings below the base flood
elevation shall be provided with automatic backflow valves or other
automatic backflow devices that are installed in each discharge line passing
through a building's exterior wall; and,
(4) On-site waste disposal systems shall be located to avoid impairment to them
or contamination from them during flooding.
5.2-4 STORAGE TANKS
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(1) Underground tanks shall be anchored to prevent flotation, collapse, and
lateral movement during conditions of the base flood.
(2) Above-ground tanks shall be:
(i) anchored to prevent floatation, collapse, or lateral movement during
conditions of the base flood or;
(ii) installed at or above the base flood elevation as shown on the Flood
Insurance Rate Map enumerated in Section 3.2 plus two feet.
5.3 RESIDENTIAL STRUCTURES
5.3-1 ELEVATION. The following standards apply to new and substantially
improved residential structures located in areas of special flood hazard, in addition
to the requirements in sub-sections 5.1-1, SUBDIVISION PROPOSALS, and 5.1-
2, ENCROACHMENTS, and Section 5.2, STANDARDS FOR ALL
STRUCTURES.
(1) Within Special Flood Hazard Areas, new construction and substantial
improvements shall have the lowest floor (including basement) elevated to
or above two feet above the base flood elevation.
(2) Within Zone A, if the Base flood elevation is not specified, a base flood
elevation shall be determined by either of the following:
(i) Obtain and reasonably use data available from a federal, state, or other
source plus 2 feet of freeboard or:
(ii) Determine the base flood elevation in accordance with accepted
hydrologic and hydraulic engineering practices, plus freeboard.
Determinations shall be undertaken by a registered design professional
who shall be documented that the technical methods used reflect
currently accepted engineering practice. Studies, analyses, and
computations shall be submitted in sufficient detail to allow thorough
review and approval.
(3) Within Zone AO, new construction and substantial improvements shall
have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as the depth number specified in feet on the
community's Flood Insurance Rate Map enumerated in Section 3.2 plus two
feet of freeboard, or not less than 3 feet if a depth number is not specified.
(4) Within Zones AH and AO, adequate drainage paths are required to guide
flood waters around and away from proposed structures on slopes.
5.4 NON-RESIDENTIAL STRUCTURES. The following standards apply to new
and substantially improved commercial, industrial, and other non-residential structures
located in areas of special flood hazard, in addition to the requirements in sub-sections
5.1-1, SUBDIVISION PROPOSALS, and 5.1-2, ENCROACHMENTS, and Section
5.2, STANDARDS FOR ALL STRUCTURES.
(1) Within Zones A1-A30, AE and AH, and also Zone A if base flood elevation
data are available, new construction and substantial improvements of any non-
residential structure shall either:
(i) have the lowest floor, including basement or cellar, elevated to or above two
feet above the base flood elevation; or
(ii) be floodproofed so that the structure is watertight below two feet above the
base flood elevation, including attendant utility and sanitary facilities, with
walls substantially impermeable to the passage of water. All structural
components located below the base flood level must be capable of resisting
hydrostatic and hydrodynamic loads and the effects of buoyancy.
(2) Within Zone AO, new construction and substantial improvements of non-
residential structures shall:
(i) have the lowest floor (including basement) elevated above the highest
adjacent grade at least as high as the depth number specified in feet on the
community's FIRM plus two feet (at least three feet if no depth number is
specified), or
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(ii) together with attendant utility and sanitary facilities, be completely
floodproofed to that level to meet the floodproofing standard specified in
sub-section 5.4(1)(ii).
(3) If the structure is to be floodproofed, a licensed professional engineer or
architect shall develop and/or review structural design, specifications, and plans
for construction. A Floodproofing Certificate or other certification shall be
provided to the Local Administrator that certifies the design and methods of
construction are in accordance with accepted standards of practice for meeting
the provisions of Section 5.4(1)(ii), including the specific elevation (in relation
to mean sea level) to which the structure is to be floodproofed.
(4) Within Zones AH and AO, adequate drainage paths are required to guide flood
waters around and away from proposed structures on slopes.
(5) Within Zone A, when no base flood elevation data are available, the lowest
floor (including basement) shall be elevated at least three feet above the highest
adjacent grade.
5.5 MANUFACTURED HOMES AND RECREATIONAL VEHICLES. The
following standards in addition to the standards in Section 5.1, GENERAL
STANDARDS, and Section 5.2, STANDARDS FOR ALL STRUCTURES apply, as
indicated, in areas of special flood hazard to manufactured homes and to recreational
vehicles which are located in areas of special flood hazard.
(1) Recreational vehicles placed on sites within Zones A1-A30, AE and AH shall
either:
(i) be on site fewer than 180 consecutive days,
(ii) be fully licensed and ready for highway use, or
(iii) meet the requirements for manufactured homes in paragraphs 5.5(2), (3)
and (4).
A recreational vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick disconnect type utilities and security
devices and has no permanently attached additions.
(2) A manufactured home that is placed or substantially improved in Zones A1-
A30, AE, AH and Zone A shall be elevated on a permanent foundation such
that the bottom of the frame of the manufactured home chassis is elevated to or
above two feet above the base flood elevation and is securely anchored to an
adequately anchored foundation system to resist flotation, collapse and lateral
movement.
(3) Within Zone AO, the bottom of the frame of the manufactured home chassis
shall be elevated above the highest adjacent grade at least as high as the depth
number specified on the Flood Insurance Rate Map enumerated in Section 3.2
plus two feet (at least three feet if no depth number is specified).
(4) The foundation and anchorage of manufactured homes to be located in
identified floodways shall be designed and constructed in accordance with
Section 5.2-1, ANCHORING.
5.6 ACCESSORY STRUCTURES INCLUDING DETACHED GARAGES. The
following standards apply to new and substantially improved accessory structures,
including detached garages, in the areas of special flood hazard shown on the Flood
Insurance Rate Map designated in Section 3.2.
(1) The accessory structure must meet the definition of structure, for floodplain
management purposes, provided in 44 CFR § 59.1, where walled and roofed
shall be interpreted as having two outside rigid walls and a fully secured roof.
(2) The accessory structure should be small, as defined by the community and
approved by FEMA, and represent a minimal investment. Accessory structures
of any size may be considered for a variance; however, FEMA considers
accessory structures that meet the following criteria to be small and therefore
not necessarily in need of a variance, if the community chooses to allow it:
(i) Located in an A Zone (A, AE, A1-A30, AR, A99) and less than or equal to
the size of a one-story, two-car garage.
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(3) Accessory structures must meet the standards of Section 5.2-1, ANCHORING,
(4) The portions of the accessory structure located below BFE plus two feet of
freeboard must be constructed with flood-resistant materials.
(5) Mechanical and utility equipment for the accessory structure must be elevated
or dry floodproofed to or above BFE plus two feet of freeboard.
(6) Within Zones AO and Zone A, if base flood elevation data are not available,
areas below three feet above the highest adjacent grade shall be constructed
using methods and practices that minimize flood damage.
(7) The accessory structure must comply with the floodway encroachment
provisions of the NFIP.
(8) The accessory structure must be wet floodproofed to protect the structure from
hydrostatic pressure. The design must meet the NFIP design and performance
standards for openings per 44 CFR § 60.3(c)(5) and must allow for the
automatic entry and exit of floodwaters without manual operation or the
presence of a person (or persons).
SECTION 6.0 - VARIANCE PROCEDURE
6.1 APPEALS BOARD
(l) The Zoning Board of Appeals as established by the Town Board shall hear and
decide appeals and requests for variances from the requirements of this chapter.
(2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there
is an error in any requirement, decision, or determination made by the Local
Administrator in the enforcement or administration of this chapter.
(3) Those aggrieved by the decision of the Zoning Board of Appeals may appeal such
decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and
Rules.
(4) In passing upon such applications, the Zoning Board of Appeals shall consider all
technical evaluations, all relevant factors, standards specified in other sections of
this chapter and:
(i) the danger that materials may be swept onto other lands to the injury of others;
(ii) the danger to life and property due to flooding or erosion damage;
(iii) the susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner;
(iv) the importance of the services provided by the proposed facility to the
community;
(v) the necessity to the facility of a waterfront location, where applicable;
(vi) the availability of alternative locations for the proposed use which are not
subject to flooding or erosion damage;
(vii) the compatibility of the proposed use with existing and anticipated
development;
(viii) the relationship of the proposed use to the comprehensive plan and floodplain
management program of that area;
(ix) the safety of access to the property in times of flood for ordinary and
emergency vehicles;
(x) the costs to local governments and the dangers associated with conducting
search and rescue operations during periods of flooding;
(xi) the expected heights, velocity, duration, rate of rise and sediment transport of
the flood waters and the effects of wave action, if applicable, expected at the
site; and
(xii) the costs of providing governmental services during and after flood
conditions, including search and rescue operations, maintenance and repair of
public utilities and facilities such as sewer, gas, electrical, and water systems
and streets and bridges.
(5) Upon consideration of the factors of Section 6.l(4) and the purposes of this chapter,
the Zoning Board of Appeals may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this chapter.
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(6) The Local Administrator shall maintain the records of all appeal actions including
technical information and report any variances to the Federal Emergency
Management Agency upon request.
6.2 CONDITIONS FOR VARIANCES
(l) Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous to
and surrounded by lots with existing structures constructed below the base flood
level, providing items (i-xii) in Section 6.l(4) have been fully considered. As the lot
size increases beyond the one-half acre, the technical justification required for
issuing the variance increases.
(2) Variances may be issued for the repair or rehabilitation of historic structures upon
determination that:
(i) the proposed repair or rehabilitation will not preclude the structure's continued
designation as a "Historic structure"; and
(ii) the variance is the minimum necessary to preserve the historic character and
design of the structure.
(3) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a
functionally dependent use provided that:
(i) the criteria of subparagraphs l, 4, 5, and 6 of this Section are met; and
(ii) the structure or other development is protected by methods that minimize flood
damages during the base flood and create no additional threat to public safety.
(4) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(5) Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(6) Variances shall only be issued upon receiving written justification of:
(i) a showing of good and sufficient cause;
(ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
(iii) a determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public or conflict with existing
codes, local laws, or ordinances.
(7) Any applicant to whom a variance is granted for a building with the lowest floor
below the base flood elevation shall be given written notice over the signature of a
community official that:
(i) the issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as
$25 for $100 of insurance coverage; and
(ii) such construction below the base flood level increases risks to life and property.
Such notification shall be maintained with the record of all variance actions as required
in Section 4.4-8 of this Chapter.
Be it enacted this 21st day of May, 2025 by the Town Board of the Town of Lansing,
Tompkins County, New York, to be effective immediately upon adoption.
Ruth Groff, Town Supervisor: ____________________________
Councilperson Judy Drake: ____________________________
Councilperson Laurie Hemmings: ____________________________
Councilperson Christine Montague: ____________________________
Councilperson Joseph Wetmore: ____________________________
May 21, 2025
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SEAL
ATTEST: _________________________________
Deborah Munson, Town Clerk
Attachment A
MODEL FLOODPLAIN DEVELOPMENT
APPLICATION FORM
FLOODPLAIN DEVELOPMENT PERMIT APPLICATION # _________________
This form is to be filled out in duplicate.
SECTION 1: GENERAL PROVISIONS (APPLICANT to read and sign):
1. No work may start until a permit is issued.
2. The permit may be revoked if any false statements are made herein.
3. If revoked, all work must cease until permit is re-issued.
4. Development shall not be used or occupied until a Certificate of Compliance is
issued.
5. The permit is invalid if no work is commenced within six months of issuance, and
expires 2 years from date of issuance.
6. Applicant is hereby informed that other permits may be required to fulfill local,
state, and federal regulatory requirements.
7. Applicant hereby gives consent to the Local Administrator or his/her representative
to make reasonable inspections required to verify compliance.
8. I, THE APPLICANT, CERTIFY THAT ALL STATEMENTS HEREIN AND IN
ATTACHMENTS TO THIS APPLICATION ARE, TO THE BEST OF MY
KNOWLEDGE, TRUE AND ACCURATE.
______________________________________________
(APPLICANT'S SIGNATURE) DATE
SECTION 2: PROPOSED DEVELOPMENT (To be completed by APPLICANT)
NAME ADDRESS TELEPHONE:
APPLICANT:
_____________________________________________________________________
BUILDER:
_____________________________________________________________________
ENGINEER:
____________________________________________________________________
PROJECT LOCATION: To avoid delay in processing the application, please provide
enough information to easily identify the project location. Provide the street address, lot
number or legal description (attach) and, outside urban areas, the distance to the nearest
intersecting road or well-known landmark. A map attached to this application, and a sketch
showing the project layout would be helpful.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
DESCRIPTION OF WORK (Check all applicable boxes):
A. STRUCTURAL DEVELOPMENT
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ACTIVITY STRUCTURE TYPE
New Structure Residential (1-4 Family)
Addition .. Residential (More than 4 Family)
Alteration ... Non-residential (Floodproofing?
Yes No)
Relocation .. Combined Use (Residential &
Commercial)
Demolition .. Manufactured (Mobile) Home
Replacement (In Manufactured Home Park? Yes
No)
ESTIMATED COST OF PROJECT $_________________
B. OTHER DEVELOPMENT ACTIVITIES:
Fill Mining Drilling Grading
Excavation (Except for Structural Development Checked Above)
Watercourse Alteration (Including Dredging and Channel Modifications)
Drainage Improvements (Including Culvert Work), Stormwater Control
Structures or Ponds
Road, Street or Bridge Construction
Subdivision (New or Expansion)
Individual Water or Sewer System
Other (Please Specify): _____
After completing SECTION 2, APPLICANT should submit form to Local Administrator
for review.
SECTION 3: FLOODPLAIN DETERMINATION (To be completed by LOCAL
ADMINISTRATOR)
The proposed development is located on FIRM Panel No. _______, Dated ___________.
The Proposed Development:
The proposed development is reasonably safe from flooding. Entire property is
in Zone B, C or X.
The proposed development is in adjacent to a flood prone area.
100-Year flood elevation at the site is:
__________Ft. NGVD 1929/ NAVD 1988 (MSL)
Unavailable
See Section 4 for additional instructions for development that is or may be in a
flood prone area.
___________________________________
SIGNED ... DATE
SECTION 4: ADDITIONAL INFORMATION REQUIRED (To be completed by
LOCAL ADMINISTRATOR)
The applicant must submit the documents checked below before the application can be
processed:
A site plan showing the location of all existing structures, water bodies, adjacent
roads, lot dimensions and proposed development.
Development plans and specifications, drawn to scale, including where
applicable: details for anchoring structures, proposed elevation of lowest floor
May 21, 2025
21
(including basement), types of water resistant materials used below the first
floor, details of floodproofing of utilities located below the first floor, details of
enclosures below the first floor, openings in foundation for entry and exit of
floodwaters.
Other___________________________________________
Elevation Certificate
Subdivision or other development plans (If the subdivision or other
development exceeds 50 lots or 5 acres, whichever is the lesser, the applicant
must provide 100-year flood elevations if they are not otherwise available).
Plans showing the watercourse location, proposed relocations, Floodway
location.
Topographic information showing existing and proposed grades, location of all
proposed fill.
Top of new fill elevation __________Ft. NGVD 1929/ NAVD 1988
(MSL)
PE Certification of Soil Compaction
Floodproofing protection level (non-residential only) NGVD 1929/
NAVD 1988 (MSL)
For floodproofed structures, applicant must attach certification from registered
engineer or architect.
Other: ___________________________________________
SECTION 5: PERMIT DETERMINATION (To be completed by LOCAL
ADMINISTRATOR)
I have determined that the proposed activity: A. Is B. Is not
in conformance with provisions of Town Code Chapter 142. This permit is hereby issued
subject to the conditions attached to and made part of this permit.
SIGNED__________________________________,
DATE______________________________
If BOX A is checked, the Local Administrator may issue a Development Permit upon
payment of designated fee.
If BOX B is checked, the Local Administrator will provide a written summary of
deficiencies. Applicant may revise and resubmit an application to the Local Administrator
or may request a hearing from the Board of Appeals.
Expiration Date: ______________________
APPEALS: Appealed to Board of Appeals? Yes No
Hearing date:__________________________
Appeals Board Decision --- Approved? Yes No
Conditions:________________________________________________________
_______________________________________________________________.
SECTION 6: AS-BUILT ELEVATIONS (To be submitted by APPLICANT before
Certificate of Compliance is issued)
May 21, 2025
22
The following information must be provided for project structures. This section must be
completed by a registered professional engineer or a licensed land surveyor (or attach a
certification to this application). Complete 1 or 2 below.
1. Actual (As-Built) Elevation of the top of the lowest floor, including basement (in
Coastal High Hazard Areas, bottom of lowest structural member of the lowest floor,
excluding piling and columns) is:
_______ FT.
NGVD 1929/ NAVD 1988 (MSL).
Attach Elevation Certificate FEMA Form 81-31
2. Actual (As-Built) Elevation of floodproofing protection is FT. NGVD 1929/
NAVD 1988 (MSL).
Attach Floodproofing Certificate FEMA Form 81-65
NOTE: Any work performed prior to submittal of the above information is at the risk
of the Applicant.
SECTION 7: COMPLIANCE ACTION (To be completed by LOCAL
ADMINISTRATOR)
The LOCAL ADMINISTRATOR will complete this section as applicable based on
inspection of the project to ensure compliance with the community's laws, codes, and rules
for flood damage prevention.
INSPECTIONS: DATE_________ BY_____________ DEFICIENCIES? YES NO
DATE_________ BY_____________ DEFICIENCIES? YES NO
DATE_________ BY_____________ DEFICIENCIES? YES NO
SECTION 8: CERTIFICATE OF COMPLIANCE(To be completed by LOCAL
ADMINISTRATOR)
Certificate of Compliance issued: DATE:_________________________________
BY: _______________________________________________
Attachment B
SAMPLE CERTIFICATE OF COMPLIANCE FOR
DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA
CERTIFICATE OF COMPLIANCE
FOR DEVELOPMENT IN A SPECIAL FLOOD HAZARD AREA
(Owner Must Retain This Certificate)
Premises located at:
__________________________________________________________
__________________________________________________________
Owner: __________________________________________________________
Owner’s Address:
__________________________________________________________
__________________________________________________________
Permit No. ___ Permit Date: _______
Check One:
___New Building
May 21, 2025
23
___Existing Building
___Fill
___Other:
The Local Floodplain Administrator is to complete a. or b. below:
a. Compliance is hereby certified with the requirements of Town Code Chapter 142.
Signed: ___________________, Dated: _________________
b. Compliance is hereby certified with the requirements of Town Code Chapter 142,
as modified by variance no. ______, dated _____.
Signed: ______________________, Dated: ________________
RESOLUTION ADOPTING LOCAL LAW #3 OF 2025 TO UPDATE CERTAIN
TAX EXEMPTION LIMITS, AND ADD NEW ALLOWED EXEMPTIONS, AND
THEREBY AMEND TOWN CODE CHAPTER 240
RESOLUTION 25-60
RESOLUTION ADOPTING LOCAL LAW #3 OF 2025 TO UPDATE
CERTAIN TAX EXEMPTION LIMITS, AND ADD NEW ALLOWED
EXEMPTIONS, AND THEREBY AMEND TOWN CODE CHAPTER 240
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, NYS continually creates new tax exemptions for certain qualifying
landowners, and allows and adjusts the maximum allowable amounts of such exemptions
from time to time, and the Town has examined the cost of current options respecting the
same, as well as what updates and amendments may be appropriate for the Town Code;
and
WHEREAS, the Town has developed a local law to amend the Town Code to increase the
low-income senior and disabled landowner exemptions and the alternate veterans
exemption, and to add exemptions for residential capital improvements, ADA
improvements, and historic barn preservation, and said local law was made the subject of
a public hearing on the 21st day of May, 2025, whereat all persons wishing to be heard and
all evidence as submitted were considered; and
WHEREAS, this matter was and hereby is again deemed to be a Type II SEQRA Action
(see e.g., 6 NYCRR Part 617, §§ 617.5(c)(26) and (33)), such that no further environmental
review is required; and
WHEREAS upon deliberation upon the public hearing and comments and evidence
submitted thereat, if any, and the terms and requirements of such local law, the Town Board
of the Town of Lansing has RESOLVED as follows:
1. Local Law # 3 of 2025 be and hereby is approved and adopted in the form as presented
to this meeting and, in such form, “be it so enacted.”
2. In accordance with the Municipal Home Rule Law, the final adopted version of this
local law shall be filed with the Town Clerk and the New York Secretary as required by
the Municipal Home Rule Law. A copy shall also be filed with and submitted to the
Tompkins County Department of Assessment, so as to allow qualification as early as
possible for such exemptions, as well as to meet the deadline for the 2026 assessment rolls.
3. This local law shall be forwarded to the municipal code service for immediate
inclusion in the Town Code.
May 21, 2025
24
The question of the adoption of such proposed Resolution was duly motioned by
Councilperson Joseph Wetmore, duly seconded by Councilperson Laurie Hemmings, and
put to a roll call vote with the following results:
Councilperson Judy Drake – Aye Councilperson Laurie Hemmings – Aye
Councilperson Christine Montague – Aye Councilperson Joseph Wetmore – Aye
Supervisor Ruth Groff – Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on May
21, 2025.
LOCAL LAW NUMBER #3 OF 2025
A LOCAL LAW OF THE TOWN OF LANSING TO AMEND THE TOWN CODE
CHAPTER 240 “TAXATION,” TO AMEND CERTAIN TAX EXEMPTION
LIMITS AND ADD NEW EXEMPTIONS FOR AND IN THE TOWN OF
LANSING
The Town Board of The Town of Lansing, New York, pursuant to a Resolution dated May
21, 2025, does hereby adopt and pass this Local Law Number #3 of 2025, and therefore,
BE IT SO ENACTED as follows:
SECTION 1 – AUTHORITY: This local law is adopted pursuant to the powers granted
by the Town Law of the State of New York, including but not limited to the Real Property
Tax Law (“RPTL”) Article 4, Title 2, Town Law § 64, and Municipal Home Rule Law §
10, which authorize the Town of Lansing to adopt local laws providing for the governance
and management of town affairs.
SECTION 2 – PURPOSE: The purposes of this local law are to formally update and
amend tax exemptions allowed under RPTL Article 4, Title 2, to: (1) increase low-income
senior and disabled individual exemptions, and add alternative veterans exemptions, both
to match the increases or exemption levels provided by Tompkins County under RPTL §§
467, 459-c, and 458-a, respectively; and (2) to add the Historic Barn exemptions of RPTL
§ 483-b, the Improvements to Property made Pursuant to the Americans with Disabilities
Act of 1990 of RPTL § 459-a, and the Capital Improvements to Residential Properties
exemptions of RPTL § 421-f.
SECTION 3 – AMENDMENT OF TOWN CODE CHAPTER 240: Town Code
Chapter 240 is amended as set forth below:
A. The low-income senior and disabled individual exemptions set forth in § 240-3
are amended to read as follows:
Annual or Combined Annual Income of Owners Percentage Assessed Valuation Exempt
Up to $36,500.00 50%
$36,500.00 to $37,500.00 45%
$37,500.01 to $38,500.00 40%
$38,500.01 to $39,500.00 35%
$39,500.01 to $40,400.00 30%
$40,400.01 to $41,300.00 25%
$41,300.01 to $42,200.00 20%
$42,200.01 to $43,100.00 15%
$43,100.01 to $44,000.00 10%
$44,000.01 to $44,900.00 5%
B. A new Article 4 is added, as follows:
Article 4. Alternative Veterans Exemption.
§ 240-15 Legislative intent and effect.
May 21, 2025
25
It is the intent of this article to extend Alternative Veterans real property tax
exemptions, as authorized by New York State Real Property Tax Law § 458-a, to
the fullest extent permitted by law, except that the exemption may be applied to a
wartime award of 15% or a maximum amount of $15,000, to a maximum amount
of $21,000, so long as this exemption is authorized and approved by New York
State and the applicant or beneficiary is properly and duly qualified for such
exemption.
§ 240-16. Severability.
If any portion of this article, or the application thereof to any person, entity, or
circumstance, shall be determined by any court or tribunal of competent jurisdiction
to be invalid or unenforceable, such determination shall be confined in its operation
to the invalid part hereof, or in its application to such person, entity, or circumstance
as is directly involved in the controversy in which such determination shall have
been rendered, and the remainder of this article shall not be impaired thereby and
such determination shall not be deemed or construed to apply to other persons,
entities, or circumstances.
§ 240-17. Effective date.
This article shall take effect immediately.
C. A new Article 5 is added, as follows:
Article 5. Historic Barn Exemption.
§ 240-15 Legislative intent and effect.
It is the intent of this article to extend the Historic Barn real property tax exemption,
as authorized by New York State Real Property Tax Law § 483-b, to the fullest
extent permitted by law, so long as this exemption is authorized and approved by
New York State, the historic barn to which the exemption applies is subjected to a
public hearing and a resolution approval by the town as required by such § 483-
b(1), and the applicant or beneficiary is properly and duly qualified for such
exemption.
§ 240-16. Severability.
If any portion of this article, or the application thereof to any person, entity, or
circumstance, shall be determined by any court or tribunal of competent jurisdiction
to be invalid or unenforceable, such determination shall be confined in its operation
to the invalid part hereof, or in its application to such person, entity, or circumstance
as is directly involved in the controversy in which such determination shall have
been rendered, and the remainder of this article shall not be impaired thereby and
such determination shall not be deemed or construed to apply to other persons,
entities, or circumstances.
§ 240-17. Effective date.
This article shall take effect immediately.
D. A new Article 6 is added, as follows:
Article 6. Improvements to Property made Pursuant to the Americans with
Disabilities Act of 1990.
§ 240-20 Legislative intent and effect.
It is the intent of this article to extend the Improvements to Property made Pursuant
to the Americans with Disabilities Act of 1990 real property tax exemptions, as
authorized by New York State Real Property Tax Law § 459-a, to the fullest extent
permitted by law, and so long as this exemption is authorized and approved by New
York State and the applicant or beneficiary is properly and duly qualified for such
exemption.
May 21, 2025
26
§ 240-21. Severability.
If any portion of this article, or the application thereof to any person, entity, or
circumstance, shall be determined by any court or tribunal of competent jurisdiction
to be invalid or unenforceable, such determination shall be confined in its operation
to the invalid part hereof, or in its application to such person, entity, or circumstance
as is directly involved in the controversy in which such determination shall have
been rendered, and the remainder of this article shall not be impaired thereby and
such determination shall not be deemed or construed to apply to other persons,
entities, or circumstances.
§ 240-22. Effective date.
This article shall take effect immediately.
E. A new Article 7 is added, as follows:
Article 7. Capital Improvements to Residential Properties.
§ 240-20 Legislative intent and effect.
It is the intent of this article to extend the Capital Improvements to Real Properties
real property tax exemptions, as authorized by New York State Real Property Tax
Law § 421-f, to the fullest extent permitted by law, and so long as this exemption
is authorized and approved by New York State and the applicant or beneficiary is
properly and duly qualified for such exemption.
§ 240-21 Assessment Application Requirements.
The application required for this exemption shall be both submitted to and received
by the appropriate assessor’s office within the earlier of one year of the date of
issuance of any certificate of occupancy, or the close-out of any building permit
issued for the capital improvement being considered for the exemption.
§ 240-22. Severability.
If any portion of this article, or the application thereof to any person, entity, or
circumstance, shall be determined by any court or tribunal of competent jurisdiction
to be invalid or unenforceable, such determination shall be confined in its operation
to the invalid part hereof, or in its application to such person, entity, or circumstance
as is directly involved in the controversy in which such determination shall have
been rendered, and the remainder of this article shall not be impaired thereby and
such determination shall not be deemed or construed to apply to other persons,
entities, or circumstances.
§ 240-23. Effective date.
This article shall take effect immediately.
SECTION 4 – SAVINGS AND SEVERANCE: The invalidity or unenforceability of any
section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned
sections as declared by the valid judgment of any court of competent jurisdiction to be
unconstitutional must not affect the validity or enforceability of any other section,
subsection, paragraph, sentence, clause, provision, or phrase, which must remain in full
force and effect.
SECTION 5 – CODIFICATION: This local law shall be incorporated into the Town
Code Chapter 240, and the incorporator may designate such new section and numerical
headings, or other indexed references, as make for a coherent Town Code, sequentially
numbered or marked. Nothing in this local law is intended to disrupt or affect the existing
Town Code, except to the extent any existing code provision is herein expressly amended,
superseded, or repealed. All other provisions of the Town Code are hereby reaffirmed and
continued in force and effect, and the codification of these amendments shall follow the
procedure for amending the code as set forth in the code, or in the Town’s local laws,
including but not limited to Local Law #2 of 2020.
May 21, 2025
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SECTION 6 – EFFECTIVE DATE: This local law shall take effect immediately.
PRIVILEGE OF THE FLOOR – COMMENTS
Waterwagon Road Speed Limit
Residents from Waterwagon Road voiced concerns about speeding on their road, which
currently has no posted speed limit (defaulting to 55 mph). They highlighted safety issues
for pedestrians, children, and pets, particularly due to the road being used as a cut-
through. Residents presented a petition requesting a 40-mph speed limit.
Litany for Town Meeting
A resident read their poem - Litany for Town Meeting
DEPARTMENT OF PUBLIC WORKS REPORT – MICHAEL MOSELEY
Submitted the following report to the Town Board and it was included in the meeting
packet which was available on Town of Lansing website and as a handout.
DEPARTMENT OF PUBLIC WORKS REPORT
May 2025
NEW DEPARTMENT OF PUBLIC WORKS BUILDING:
• The Department of Public Works is currently coordinating the logistics for
relocating materials to support the establishment of the new facility.
• An external company was engaged to perform a comprehensive asbestos
assessment on the old salt barn.
• The DPW has received multiple Request for Proposals (RFPs) for specialized
testing related to the DPW project. These RFPs outline the requirements and
scope of work for conducting specific tests to ensure compliance with regulatory
standards and to support the successful execution of the project.
WEATHER:
• Crew members were actively engaged in addressing the flooding caused by the
storm on May 6th and May 7th. Their efforts included deploying emergency
response measures, clearing debris, and ensuring the safety of affected areas. The
team worked diligently to mitigate the impact of the flooding and restore
normalcy as quickly as possible.
ROADS:
• Tompkins County Highway will be replacing the concrete culvert on Conlon
Road between Bower and Buck Road. The detour will be diverted to Buck Road.
• The road maintenance schedule is currently in progress. This involves a series of
planned activities aimed at improving road conditions.
• Roadside mowing operations have commenced to improve the line of sight for
drivers. This initiative involves trimming vegetation along the roadways to
enhance visibility and safety for motorists.
• Preparations are underway for the application of stone and oil on the roads.
TREE & BRUSH MAINTENANCE:
• The annual brush pickup initiative was successfully completed within a timeframe
of one and a half weeks.
May 21, 2025
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• Brush drop-off has changed locations from 10 Town Barn Road to 104 Auburn
Road (next to Scoops).
CEMETERIES:
• Cemetery maintenance activities have commenced this spring. These efforts
include tasks such as mowing grass, trimming trees and shrubs, cleaning
pathways, and repairing any damaged structures.
OFFICE:
• Thank you to Bob Munson for his generous annual donation of straw to the
Lansing Fire Department Easter Egg Hunt. His consistent support over the years
has been instrumental in ensuring the success of this cherished community event.
• The Town of Lansing has been working hand in hand with the Village of Lansing
and the Village of Cayuga Heights regarding the Intermunicipal Agreement for
Sewer District One.
• The DPW met with Town of Ithaca to gain insights into their use of OpenGov.
During the discussion, the team explored how OpenGov is utilized to enhance
transparency, streamline operations, and improve public engagement.
Mike also reported:
Shared Services
Thanks to Tompkins County Highway Department, Towns of Dryden and Caroline for
helping the Town of Lansing with roads. This saved the taxpayers money.
Conlon Road-between Bower and Buck Roads
Work is being done on Conlon Road, between Bower and Buck Roads. There will be a
detour on Buck Road while road work is being done.
Training
Attended PERMA training with Emmy Stehnach.
Groundbreaking
The ceremony for new Department of Public Works was on May 17, 2025.
Vacuum Truck
The Comptroller is currently reviewing the grant – near the end of the cycle.
Cemeteries
The Town is responsible for four (4) cemeteries:
• Lake Ridge
• East Lansing
• Miller on Breed Road
• German Dutch on Lansingville Road
PARKS AND RECREATION REPORT – PATRICK TYRRELL
Submitted the following report to the Town Board and it was included in the meeting
packet which was available on Town of Lansing website and as a handout.
May
Town Board Report
May 21, 2025
29
RECREATION:
• Current programing includes cardio step, yoga, strength & stretch, swimming
(Watercats), skating, Zumba, adult swim, horse riding, club volleyball, Girls
Strong, LBP, LSP, and adult volleyball.
• Our Summer Program Booklet is now available. We are still adding programs.
• Weather delays and mowing have been numerous of late; we are doing our best to
stay on top of it.
• LBP (baseball), LSP (softball) and T-ball have all started their seasons. It has been
a challenge with all the rain to get practices and games in.
• We are working closely with LCSD on upcoming field usage, both Varsity Boys
and Girls soccer program will be using our fields.
• We will be having training for our Day Camp staff this week. We are extremely
glad to have Dan Cheatham as our director of day camp.
PARKS:
• More storms have brought us more noticeable tree damage in Myers Park. We
have had to remove several more (which has not been cheap). Flooding has caused
damage as well, throughout the park. We are losing the shoreline in multiple
places.
• Continuing site clearing and consolidation in preparation for the New DPW
Facility. Creating better access to our back building for office space. Space is
getting very tight.
• Boats are starting to move into their slips and dry dock spaces in Myers Park.
• Camping has opened for the season, even though the weather is not cooperating.
• Salt Point will be planted with wildflower seed once it dries out. Clean up day was
extraordinarily successful. Thank you to all who volunteered.
• Our Health Department inspection for camping went very well, no violations.
• Our lake shore at Myers is a mess with trees and debris, this will take several days
to clear.
• Last summer some of the basketball court surfacing at Myers Park started to peel.
These spots will be repaired in May.
• Grant work for multiple projects is taking up a tremendous amount of time within
our department. I had to make an exceedingly difficult choice to not apply for
some. Having a grant writer on staff would be a huge benefit to the Town.
• Our Myers Park staff will have a meeting/training later this week so we can open
for admission sales this weekend.
• Music in the Park schedule now available. It will begin July 10th.
• LCSD Graduation will be held at Myers Park this year on June 27th. Preparations
have begun to accommodate this.
• We have poured a concrete slab around the gazebo/band stand at Myers Park to
make it more functional with events.
TRAILS:
• The Working Group received three proposals for the Greenway Master Plan. The
group unanimously recommended the MJ group proposal and is sending it to the
Town Board for approval.
• The proposal Town Center Greenway Phase 1 has been received and our group
will be discussing this next week to make a recommendation to the board.
• T.G. Miller is working on the Myers Road Trail feasibility study.
• Parks, Recreation, and Trails Working Groups next meeting is May 21st.
• The Lansing Center Trail is very wet. We are unable to mow most of the trail.
Please use caution and wear boots if you plan to be on it.
• The Lansing Center Trails clean-up/planting day went very well.
May 21, 2025
30
TOWN HALL/COMMUNITY CENTER:
• Our .gov domain name conversion has begun: lansingtownny.gov was accepted.
• Door access for after hour meetings has been a challenge with our new system.
• The Community Center is currently having issues with air conditioning.
• Dave Herrick is working on the RFP for roof replacement on the Community
Center and Historical building.
• D Squared responded to me the Town Hall roof repair will be under $1,000.
Thank you to our Highway Department for their help with numerous items.
This is only a very brief overview of what the Parks & Recreation department does, if
you have questions or would like to meet with me one on one, please let me know.
DIRECTOR OF PLANNING REPORT – JOHN ZEPKO
Submitted the following report to the Town Board and it was included in the meeting
packet which was available on Town of Lansing website and as a handout.
Planning & Code Enforcement
John Zepko, Director, CPESC, CFM
Reporting Period: April 2025
CURRENT PROJECTS
Updated Flood Maps & Local Laws
FEMA has recently completed an updated Flood Insurance Study (FIS) and Flood
Insurance Rate Maps (FIRMs) establishing base flood elevations (BFEs) for the Town of
Lansing. To maintain eligibility in the NFIP, the Town will need to adopt these new
regulatory products into the community's floodplain management regulations to meet the
standards of Section 60.3(d) of the NFIP regulations (44 CFR) by May 19, 2025.
Ultimately the law must be adopted and in place by the time the new regulatory maps
take effect on June 19, 2025.
Lansing’s Draft Flood Damage Prevention law has been reviewed by staff, legal counsel,
the NY DEC, and Tompkins County 239. A resolution has been presented to the Town
Board in this month’s packet to make a negative declaration for SEQR and adopt the
local law.
MS4 PROGRAM
• Outstanding Year-1 requirements
o Update an inventory of stormwater treatment practices installed in the Town
(both publicly and privately maintained) since 2003. Establish a program to
ensure that privately facilities are being inspected and maintained according to an
established Stormwater Operations and Maintenance Agreement (SOMRA) or
adopted maintenance plan.
• Year-2 requirements
o Develop and implement a monitoring locations inspection and sampling program
o Develop and implement an illicit discharge track down program
o Develop and implement an illicit discharge elimination program
o Develop inventory of municipal facilities
o Review and update the focus areas, target audiences, and/or education and
outreach topics
o Provide an opportunity for public involvement/participation in the development
and implementation of the SWMP
o Update the monitoring location inventory
o Update the monitoring location prioritization
o Inspect the monitoring locations
May 21, 2025
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o Review and update the monitoring location inspection and sampling procedures
o Review and update the illicit discharge track down procedures
o Provide training on the MS4 Operator's illicit discharge elimination procedures
prior to conducting illicit discharge elimination
o Provide training on the MS4 Operator's illicit discharge elimination procedures
prior to conducting illicit discharge elimination
o Sweep streets in business and commercially areas
o Review and update the municipal operations procedures
ZONING UPDATE
• The Town of Lansing is a recipient of $100,000 of funding through
Environmental Protection Fund Smart Growth Community Planning (CFA
#140499). A meeting was held with a representative from the NY Dept. of State
on 22 April 2025 to discuss the program requirements and next steps.
INTERACTIVE ZONING MAP – MAPLINK
MapLink is an interactive zoning map integrated with eCode360 (via General Code)
which provides businesses, property owners, constituents, and staff more comprehensive
access to the Town’s Zoning Ordinance. With MapLink a user can do more that simply
identify the zoning of a piece of property but can also query where certain uses may be
allowed. The interactive zoning map includes clickable links to the Town’s full zoning
code as it is published in eCode 360. MapLink is a tool that will save time answering
zoning questions.
PLANNING BOARD
The following were heard at the 28 April 2025 Planning Board meeting
1. Project: Final Plat Review of Minor Subdivision (2 Lots) of land at 25 Sperry
Lane
Applicant: Joseph Lovejoy
Location: 25 Sperry Lane
Project Description: Minor subdivision of lands located at 25 Sperry Lane into
two new parcels: Parcel A (.748 ac) and Parcel B (.726 ac). This project is located
in the R2 zoning district
SEQR: Unlisted Action – part 2 required
Anticipated Action: Approved
2. Project: Final Plat Review of Conlon Corners Minor Subdivision (4 Lots)
Applicant: Andy Sciarabba on behalf of Jesse Young (owner)
Location: 113 Bower Road
Project Description: Minor subdivision of lands located at 113 Bower Road into
four new parcels: Lots 1-3 (1.5 ac each) and the remaining 182-acre parent lot.
This project will also have a 20’ easement with the Town for the installation of a
walking trail. This project is located in the RA zoning district
SEQR: Unlisted Action – part 2 required
Anticipated Action: Approved
3. Project: Site Plan Review of “Sperling Studio”
Applicant: Andy Sciarabba on behalf of Josh Sperling (owner)
Location: 2073 E Shore Drive (located in the old IGA building)
Project Description: Art / woodworking studio including new site
improvements. This project is located in the B1 zoning district
SEQR: Unlisted Action – part 2 required
Anticipated Action: Approved with Conditions
4. Project: Site Plan Review – 89 Goodman Road
Applicant: Kevin Kirby, owner
May 21, 2025
32
Location: 89 Goodman Road
Project Description: Site Plan Review of small, home-based business named the
“Barksville Inn”. This project is located in the AG zoning district
SEQR: Unlisted Action – part 2 required
Anticipated Action: Approved with Conditions
5. Project: Preliminary Plat Review of Minor Subdivision (2 Lots) of land at 655
Ridge Road
Applicant: Pat Miller
Location: 655 Ridge Road
Project Description: Minor subdivision of lands located at 655 Ridge Road into
two parcels: Lot 1 (24.5 acres) and Lot 2 (6.75 acres). This project is located in
the R2 zoning district
SEQR: Unlisted Action – part 2 required
Anticipated Action: Public Hearing, SEQR part 2, final approvals – May’s
meeting
6. Project: Preliminary Plat Review of Minor Subdivision (2 Lots) of land at 372
Holden Road
Applicant: Nolan Hatfield
Location: 372 Holden Road
Project Description: Minor subdivision of lands located at 372 Holden Road into
two parcels: the new “Parcel C” (2.68 acres) and remaining “Parent Parcel” (27.6
acres). This project is located in the AG zoning district
SEQR: Unlisted Action – part 2 required
Anticipated Action: Public Hearing, SEQR part 2, final approvals – May’s
meeting
7. Project: Sketch Plan review of 0 Sun Path Subdivision
Applicant: Nate Cooke
Location: 0 Sun Path
Project Description: Sketch Plan review of 0 Sun Path
SEQR: N/A
Anticipated Action: Sketch Plan review of project – May’s meeting
ZONING BOARD OF APPEALS
The following were heard at the 9 April 2025 Zoning Board of Appeals meeting
1. Project: Area Variance for an in-home animal care facility
Applicant: Kevin Kirby, owner/operator
Location: 89 Goodman Road, TPN 20.-1-8.220
Project Description: The applicant has applied for an Area Variance and is
seeking relief from a 150’ setback requirement applicable to Animal Care
Facilities located in the AG zoning district.
SEQR: This project is a Type II action
Action: Public Hearing, conditions & approval
2. Project: Area Variance for the construction of a 24’ x 40’ pole barn garage
Applicant: Nick Jordan, property owner
Location: 394 Van Ostrand Road, TPN 29-1-17
Project Description: The applicant has applied for an Area Variance to construct a
24’ x 40’ (approx. 960 sq/ft) pole barn and needs relief from Town of Lansing
Zoning Law § 270-11, Schedule II: Area, Frontage, Yard, Height, and Coverage
Requirements for a 1) southern side yard setback of 4’ where 15’ is required and
for a 2) western rear setback of 4’ where 25’ is required.
SEQR: This project is a Type II action
Anticipated Action: Public Hearing, conditions & approval
May 21, 2025
33
CODE ENFORCEMENT PERMIT DATA
APRIL 2025
Fees Collected $6,971.50
Estimated Project Cost $1,487,255.00
Certificate of Occupancy/Compliance 14
Building Permits 27
One- & Two-Family Residences 3
New Businesses 0
Multi-Family Residences (3 or more units) 0
TOTAL 2025 Misc. Fee Collected to date $6,925.00
John also reported:
Trainings Attended
• NY Planning Federation Conference
• NYS Energy Symposium
Dandy Mini Mart
Currently filling and grading soil. Soil coming from Lansing School construction project.
TOWN CLERK REPORT – DEBBIE MUNSON
Submitted the following report to the Town Board and it was included in the meeting
packet which was available on Town of Lansing website and as a handout.
TOWN CLERK
MAY 2025
Professional Municipal Clerk’s Week – May 4, 2025 – May 11, 2025
New York State Town Clerks Association (NYSTCA) Conference
Debbie and Jessie attended the annual conference for NYSTCA on April 28 – 30th in
Syracuse. We always learn so much at the conference. Some topics that we attended
were Updates from Association of Towns, Public Notices, Towns and Regulated
Cemeteries, FOIL, DECALS update, NYS Retirement, Special Elections, Town Clerk
Audit Findings and Spies, Espionage & Cyber Threat Actors.
Training/Webinars
Debbie and Jessie attended an Association of Towns tax webinar on May 1st, 2025.
Several topics were discussed including the Judicial Security Act and if counties are
required to make towns whole on any charges that were assessed and levied as part of
town cleanup costs.
Water and Sewer Bills
May is very busy collecting water and sewer payments. Total bills: 1889 of which 408
were emailed. There was an error on the printed bills stating they are due on May 26th,
that is incorrect, and payments are due by May 27th.
May 21, 2025
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Ethics Disclosure Statements
Our office emailed all positions who are required to complete an annual ethics disclosure
statement on May 5th. They are required to be returned to our office by May 19th. We are
still missing over twenty (20). The Ethics Board plans to review them at their meeting on
June 5, 2025.
Break Room
Employees have been enjoying the breakroom space that has been created in the kitchen
area. We are looking at room dividers to complete the area.
Cayuga Lake National Bank (CLNB)
Debbie and Jessie attended a very nice breakfast which was specifically for CLNB
municipalities.
LANSING COMMUNITY LIBRARY REPORT – ANNIE JOHNSON
Submitted the following report to the Town Board and it was included in the meeting
packet which was available on Town of Lansing website and as a handout.
TOWN BOARD UPDATES
FROM THE LANSING COMMUNITY LIBRARY
May 2025
1. Congratulations to Lauren Chambliss, Dan Dwyer, and Matthew Montague for their
recent election to the Board of Trustees! We are also happy to announce that the
budget passed for 2026.
2. Don’t forget that if the Library is closed, you still have access to Libby, Hoopla, and
Kanopy!
3. The library continues to provide free delivery to Woodsedge. The library also has a
mobile wireless hotspot available for check out. The Wi-Fi is not password protected.
The community is welcome to park in the lot to access the Internet.
4. Learn to play American Mah Jongg every Wednesday (new day!) at 10:00 am.
5. The library has an Empire Pass and passes to the Museum of the Earth and the
Cayuga Nature Center available for check out. Board games, puzzles, story time kits,
and STEAM kits are also available.
6. The Library now offers free period products using an Aunt Flow dispenser.
Unfortunately, we are no longer able to supply free COVID tests. We can help
residents contact the USPS to get free tests in the mail.
7. Chair Yoga is offered every Monday at 9:30 am.
8. Book Club will be held Tuesday, May 20th. We are reading “The Berry Pickers” by
Amanda Peters this month.
9. Learn T’ai Chi on Fridays at 10:30 am.
10. There is a year-round book sale at the Library.
11. May story times on Thursdays: 8th (Outer Space), 15th (Bilingual), 22nd (Balloons
and Bubbles), and 29th (Picnics).
12. Summer reading kick off will be Saturday, June 21st at 10:30 am with a performance
from Circus Culture at 11 am.
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13. The Prom Closet is now open, where new and gently used formal wear are available
for use.
14. The art exhibition is featuring self-portraits from the Lansing 6th graders. It will be
up from May 5-16th.
15. Moana was chosen as the Summer Movie, to be shown at the Town Hall on Saturday
August 9th.
16. The winner of the summer reading logo contest is Zoe P! She faced tough
competition from many fabulous entries.
17. The Library will be closed on Monday, May 26th for Memorial Day.
LANSING YOUTH SERVICES REPORT – RICK ALVORD
Submitted the following report to the Town Board and it was included in the meeting
packet which was available on Town of Lansing website and as a handout.
Lansing Youth Services
Town Board Report
May 2025
Robust Robots: Robust Robots finished strong with all students creating patterns for the
Ozobots to follow. Two students were very intent on creating a “dance” for their
Ozobots, including special moves like super speed mode, slow motion, zigzagging to
another part of the course, and the tornado. The large, multi-board track was used
heavily and students loved trying to “trick” the Ozobot by using color patterns that were
foreign to the robot, usually just bypassing the command. A lot of fun was had trying to
create new commands. Youth created a Spheros challenge with a long preprogrammed
path to the front of the school through three hallways. Make it Monday’s is up next
where students will plan and work within a budget for the next weeks activities. 9 youth
served.
Outdoor Adventure: Students in Outdoor Adventure finished out the final days enjoying
watching the fish run up Salmon Creek to spawn. All of the fish seemed to be White
Suckers and two students were still able to catch some, 7 in total. Another very popular
activity was finding fossils. The Trilobite deposit has produced some of the largest
examples I have seen outside of a museum, so lots of careful excavation was completed.
Spring has also brought the arrival of new life, and the group was able to follow raccoon
and mink tracks along the shore, trying to figure out what those animals were up to,
which seemed to be looking for the same fish as the students. Up next is Outdoor
Adventure- Base Camp. As the camping season is approaching, skills to set up a
campsite, set a tarp for shelter, how to hang a bear bag, different ways to make fire, and
how to safely use knives. 12 youth served.
Gaming Creation: This group of game creators were very thoughtful and intentional
with their games and game pieces. Each group had different game pieces or boards they
wanted to have 3-D printed. All of the printing was completed by our youth employee
and students were extremely happy with the results. The detail in the game pieces is
quite impressive and the cube for 3-D Chess came out great. One favorite was the “Girl
Scouts” game, as most of the places to land all had positive aspects to them, rather than
“return to start” or “lose a turn”, there was “move ahead”, or “pick another number” or
my favorite- “congratulations! You get a box of cookies of your choice”. Most of the
students are wanting to return to either continue making their games or participate in the
next program which is Game On. 10 youth served.
Iron Chef- Outdoor Edition: Participants in this program had quite the battle with the
weather which kept the group indoors most of the time. However, this group was very
flexible and didn’t mind cooking recipes indoors that they can transfer to outdoors over a
fire at another time. The group made pizzas, along with campfire nachos, both of which
May 21, 2025
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satisfied lots of hunger. The final day was back over a campfire at Salmon Creek where
campfire apple pie was requested, this time allowing more time for cooking and a lot of
whipped cream! Up next is Science on the Shore, where students will head to Myers
Park each day to observe native and invasive species, document as many of those they
can, create a guidebook for Myers Point, perform water quality testing, and get in a nice
hike to and from the park each day. 12 youth served.
Youth Employment: The youth employees have been busy all around, working with the
high school library, the Lansing Public Library, and as Lansing Youth Services
Assistants. The high school library assistant has been busier than normal helping them
prepare for summer and the next school year, and he is eager to work as much as he can
before he heads off to college. At the Lansing Public Library several youths are
transitioning seniors and staff are working on filling those positions. One youth has
started already and is working as an apprentice to learn the ropes, and another has just
applied. Our Lansing Youth Services Assistants were critical in making the Gaming
Creation program a success with their 3-D printing experience and our new Assistant is
growing daily. He responds well to direction and advice and is also very eager to work as
many hours as he can. 12 youth served.
TOMPKINS COUNTY LEGISLATOR REPORT – MIKE SIGLER
Submitted the following report to the Town Board and it was available as a handout.
Tompkins County Legislator
Michael Sigler
May 2025
Hello and thank you for having me again.
I have good news to report on our Rapid Medical Response program. When we
developed this at the county, I believed Lansing would see a large return on this
investment and the numbers are bearing that out. As you can see Lansing which had
fairly poor response times has benefited a great deal from the program. We have cut our
initial response times and over the last years saw between 32 and 63 calls a month. A
reminder, this is not an ambulance, but our goal is to have a medical professional to your
door as quickly as possible and this program is working. The state seems to be moving in
the direction of requiring ambulance services and that may require more county
involvement. This sets the stage for that and in the meantime is protecting the residents
of Lansing to a much higher degree than just a year and half ago.
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37
I want to thank our new communication director Monica Savage whose reports I draw
liberally from. The county has been talking about our green initiatives and their
effectiveness and there’s good news on our natural gas usage. Tompkins County Chief
Sustainability Officer Terry Carroll presented statistics regarding the County’s energy use
and expenses. As a result of the County’s Green Facilities initiatives, energy usage across
County facilities has significantly decreased. In 2024, electricity use dropped by 1.96%
while natural gas use reduced by 31.14% compared to 2023. We’ve still seen increased
energy costs of $166,000 however, largely due to energy supply increases and energy
delivery rate hikes.
Phase I of the Green Facilities project has been completed. This was work on virtually
every County building. The County is awaiting approximately $1.8 million in Federal
IRS clean energy tax credit returns, which will help fund Phase II of this project,
including a solar installation at the Whole Health department and replacement boilers at
May 21, 2025
38
the Human Services Building. A new solar project in Lansing has put in for state funding.
This is the community solar array out near AES Cayuga.
We are working on enforcement of Cannabis laws at the County in the hopes of putting
illegal/unlicensed cannabis shops out of business. Tompkins County Attorney Maury
Josephson noted, “It is an equity issue. Some folks went to great lengths to go through the
licensing process and are being undercut by the bootleggers.” The first step will be
identifying the scope of the problem and the property owners.
Some on the legislature hoped to adopt some guidelines on public protest similar to the
City of Ithaca that color codes protest so it’s clear what is not acceptable like the blocking
of roads, vandalism and violence, but that was voted down by the legislature opposed by
Legislators Pillar, Black, Brooks, Brown, Champion, Koreman, and Klein.
Opposing comments invoked historic quotes by Martin Luther King Jr., “a moral
responsibility to disobey unjust laws” (Champion, D-Ithaca) and Frederick Douglass,
“power concedes nothing without a demand” (Pillar).
The 2026 budget process has started. We have not set a target goal yet which we usually
do, but there’s a lot in flux and we will have another retreat in July.
Facilities and Infrastructure Committee Chair Lee Shurtleff outlined the roadwork the
Highway Department will be undertaking this year, including full paving of 24.71 miles
and chip-sealed paving of 58.35 miles. Some of that is in Lansing and I’ve posted those
roads to Facebook. The Highway Department maintains 106 bridges and centerline miles
of roads in Tompkins County. Challenges include significant cost increases – from
$125,000 per mile to $200,000 for full paving and from $10,000 per mile to $15,000 for
chip-sealing.
Last night Lee updated us on the Center of Government project. That is moving ahead
with Holt Architecture having initial plans and while we’ve investigated other options,
this still is the most cost effective for the county’s current and future needs.
Memorial Day is coming up Monday and there will be a remembrance at the North
Lansing Cemetery at 9:30 and the Peruville Cemetery at 10 am with other stops at local
cemeteries before, between and after.
Also, Lansing’s own Gus Isaac’s funeral will be Friday at 1pm at Lansing United
Methodist and then he will be laid to rest at Pine Grove Cemetery immediately after. Gus
was a highly decorated WWII veteran who served in Europe. He came under heavy fire
while building a bridge in France. His actions allowed Allied servicemembers to retreat
and save many lives that day.
Thank you for having me.
Mike also reported:
Easter Egg Hunts
Thanks to the Fire Department and Lansing Rod and Gun Club for doing Easter Egg
Hunts.
Lansing School
Congratulations to Susan Tabrizi and Matt Hektor for winning the School Board Election
and thanks to Dave Hatfield for running.
Yellow Barn Solar Project
Governor Hochul has signed the contract.
May 21, 2025
39
CONSENT AGENDA
a. MOTION AUTHORIZING EXECUTION OF THE NYSDEC PUBLICLY
OWNED SEWER SYSTEM (POSS) REGISTRATION APPLICATION AND
NOTIFIER AGREEMENT FOR THE SEWAGE POLLUTION RIGHT TO
KNOW ACT
MOTION M25-12
MOTION AUTHORIZING EXECUTION OF THE NYSDEC PUBLICLY
OWNED SEWER SYSTEM (POSS) REGISTRATION APPLICATION AND
NOTIFIER AGREEMENT FOR THE SEWAGE POLLUTION RIGHT TO
KNOW ACT
Motion authorizing the execution of the NYSDEC POSS Registration Application for the
Sewage Right to Know Act. Registration application will be executed by the Town
Supervisor Ruth Groff as the Principal Executive Officer. Mike Moseley and Jamar
Redmond will be designated as Notifiers for the NY-Alert system and are authorized to
sign Notifier Agreements.
b. MOTION TO APPROVE HIRING MATTHEW A. ELDRED AND HARTER
SECREST & EMERY LLP, ROCHESTER, NY, AS CONSULTING AND
SPECIAL COUNSEL FOR ORES APPLICATIONS, INCLUDING THE CAYUGA
SOLAR PROJECT AND THE SILVERLINE ENERGY CENTER
MOTION M25-13
MOTION TO APPROVE HIRING MATTHEW A. ELDRED AND HARTER
SECREST & EMERY LLP, ROCHESTER, NY, AS CONSULTING AND
SPECIAL COUNSEL FOR ORES APPLICATIONS, INCLUDING THE CAYUGA
SOLAR PROJECT AND THE SILVERLINE ENERGY CENTER
Motion approving hiring Matthew A. Eldred and the Harter Secrest & Emery LLP,
Rochester, NY, as consulting and special counsel, to work mainly with Town Counsel
and the Planning Department relative to ORES applications, including but not limited to
the Cayuga Solar Project and the Silverline Energy Center project, and environmental
reviews thereunder, together with such other services as may mutually be agreed upon
between special counsel and the Town, and further authorizing Supervisor to sign
engagement agreement for these purposes by and on behalf of the Town of Lansing.
c. MOTION AMENDING TOWN OF LANSING EMPLOYEE HANDBOOK § 511
COMPUTER SYSTEMS AND INTERNET/EMAIL SERVICE
MOTION M25-14
MOTION AMENDING TOWN OF LANSING EMPLOYEE HANDBOOK § 511
COMPUTER SYSTEMS AND INTERNET/EMAIL SERVICE
Motion to approve the following amendment to the § 511 of the Town of Lansing
Employee Handbook, entitled “Computer Systems and Internet/Email Service”,
subparagraph entitled “Scope” with the effective date of such amendment deemed to be
May 22, 2025, with such amended subsection amended to hereafter read as follows:
“Scope”
This policy must be followed in conjunction with other Town of Lansing policies
governing appropriate workplace conduct and behavior.
For the purposes of this policy, all references to computer systems, electronic
communication equipment, communication systems, or technology, shall include
May 21, 2025
40
all devices that store information or are used to communicate electronically,
including but not limited to cell phones, iPads, laptops and desktop computers.
Any employee who abuses the company-provided access to email, the internet, or
other electronic communications or networks, including social media, may be
denied future access and, if appropriate, be subject to disciplinary action up to and
including termination. The Town of Lansing complies with all applicable federal,
state and local laws as they concern the employer/employee relationship, and
nothing contained herein should be misconstrued to violate any of the rights or
responsibilities contained in such laws.
Questions regarding the appropriate use of the Town of Lansing’s electronic
communications equipment or systems, including email and the internet, should be
directed to your Department Head or the information technology (IT) department.”
d. MOTION AMENDING TOWN OF LANSING EMPLOYEE HANDBOOK
§ 510 TELEPHONE / CELL PHONE USAGE
MOTION M25-15
MOTION AMENDING TOWN OF LANSING EMPLOYEE HANDBOOK
§ 510 TELEPHONE / CELL PHONE USAGE
Motion to approve the following amendment to the § 510 of the Town of Lansing
Employee Handbook, entitled “Telephone / Cell Phone Usage”, with the effective date of
such amendment deemed to be June 23, 2025, with such amended § 510 to now be wholly
replaced to read as follows:
510 Cell Phone Policy
I. Purpose and Objective. The purpose of this policy is to ensure employees
have the tools and services necessary to effectively perform the duties and responsibilities
of their position; to promote a productive work environment with minimal distractions;
and to keep employees safe.
For the purposes of this policy, when “cell phone” is referenced, this includes wireless,
hand-held electronic devices including smart phones such as iPhones, androids, tablets
or similar devices which can be used for phone calls, text messaging or internet and email
access.
This policy outlines the appropriate and safe use of cell phones in the workplace
including while driving a personal vehicle for business purposes or while in a Town
vehicle. For employees whose job duties and responsibilities require the frequent use of
a cellular device, the Town may issue a business cell phone for work-related
communications or alternatively provide a cell phone allowance paid as a taxable benefit
through payroll, for use of a personal cell phone.
II. Appropriate Use of Cell Phones
A. While in the Workplace. The following guidelines must be observed by all cell
phone users in the workplace or while conducting business on behalf of the Town
regardless of the location.
1. Cell phones should be turned off, or set to silent or vibrate mode, during
meetings, conferences and in any circumstance where incoming calls may be
disruptive.
2. While at work, employees are expected to exercise discretion when using cell
phones. Excessive personal calls or texting during the workday can interfere
with employee productivity and be distracting to others. Employees are
encouraged to make any personal calls during non-work time when possible
or step out of the work area to minimize distracting co-workers.
May 21, 2025
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3. An employee who uses a cell phone for work-related purposes must follow
all pertinent IT policies including the Town of Lansing’s Computer Systems
and Internet/E-mail Service policy. As stated in that policy, internal and
external email, voicemail, text messages and other electronic communications
are considered business records and may be subject to discovery in the event
of litigation. Employees must be aware of this possibility when
communicating electronically within and outside the company, including
when utilizing personal devices for Town business.
B. While Driving or Operating Equipment. Employees must prioritize safety when
using cell phones in the workplace. This includes while operating machinery or
performing tasks that require full attention.
1. Employees must adhere to all applicable local, state, and federal laws and
regulations regarding cell phone use and prioritize safety while in any vehicle.
This includes all Town-owned vehicles and equipment such as trucks,
excavators, RTV’s, ATV’s or similar as well as personal vehicles being used
for Town business.
2. The Town does not require use of a cellphone while driving. Safety must come
before all other concerns. Employees with job responsibilities that may
include driving, are expected to refrain from using a cell phone while driving.
3. Reading or sending text messages and/or emails while driving is strictly
prohibited.
4. Regardless of the circumstances, including slow or stopped traffic, if a call is
placed or accepted while in a vehicle, employees are required to use
appropriately installed, hands-free devices, Bluetooth capabilities, or pull off
to the side of the road and safely stop the vehicle before placing or accepting
the call.
5. To facilitate the provisions of this policy, hands-free equipment may be
provided with Town-issued phones or in Town vehicles when necessary.
6. Employees are encouraged to refrain from discussion of complicated or
emotional matters and to keep their eyes on the road while driving at all times.
Special care should be taken in situations where there is traffic or inclement
weather, or the employee is driving in an unfamiliar area.
7. Employees who are charged with traffic violations resulting from the use of a
cell phone while driving will be solely & personally responsible for all
liabilities that result from such actions, regardless of whether the cell phone
is Town-issued or personal, and regardless of whether the call was work-
related or personal.
C. While in the Vicinity of Hazardous Materials. Employees must be aware of their
surroundings and refrain from cell phone use while in the vicinity of hazardous and/or
flammable materials such as paint thinner, aerosol cans, diesel fuel, and gasoline.
This includes the area around fueling stations and while pumping fuel into vehicles,
mowers, or gas cans.
III. Cell Phones – Town-Issued or Personal Cell Phone Used for Town
Business. This policy applies to all personnel who have been issued a cell phone which
was purchased by the Town or has a personal cell phone which is used to conduct business
on behalf of the Town.
A. Town-Issued Cell Phone.
1. When an employee’s job duties and responsibilities necessitates use of a cell
phone, it is the policy of the Town to consider the issuance of a business cell
phone for work-related communications.
2. Town-issued cell phones must be authorized by the employee’s supervisor.
The supervisor will be responsible for determining the appropriate equipment
and best cell phone plan.
3. Personal use of Town-issued cell phones should be kept to a minimum. An
employee may not make or receive personal calls on a Town-issued cell phone
May 21, 2025
42
that will result in additional charges to the Town, except in an emergency or
with prior approval from their supervisor. The employee must reimburse the
Town for any additional charges incurred as a result of personal use.
4. An employee who has been issued a cell phone must follow all pertinent IT
policies including the Town of Lansing’s Computer Systems and Internet/E-
mail Service policy. This policy provides requirements and guidelines as to
the appropriate use of, and prohibited uses of, Town-issued electronic devices
including internet and email requirements.
5. Employees in possession of Town-issued cell phones are expected to protect
the equipment from loss, damage or theft. Town-issued cell phones are the
property of the Town, and must be treated, used, and safeguarded as such.
6. Employees must immediately notify their supervisor in the event of the loss,
theft, or damage of a Town-issued cell phone. The Town may hold employees
financially responsible for the loss, theft, or damage of a Town-issued cell
phone if the loss, theft or damage was due to negligence.
7. Upon resignation or termination of employment, or at any time upon request,
the employee may be asked to produce the phone for upgrade, security
updates, inspection or return.
B. Personal Cell Phone Used for Town Business
1. Employees whose job duties and responsibilities require frequent use of a cell
phone may be eligible to receive extra compensation in the form of a taxable
cell phone allowance paid via payroll.
2. This is a taxable fringe benefit. The Town will not reimburse employees for
any additional taxes as a result of receiving this allowance.
3. This allowance does not constitute an increase to base pay and will not be
included as base compensation for future raises, salary adjustments,
retirement contributions, or other employee benefits.
4. Upon approval, the employee will receive a cell phone allowance in their
regular paychecks paid twice monthly for the duration of eligibility.
5. Eligibility to receive a cell phone allowance must be reviewed and approved
by the Department Head. The Town Supervisor will be the approving
signature for Dept Heads, Town Clerk, Justices and Highway Superintendent.
Both the employee and the person approving the allowance must sign a
completed Cell Phone Allowance Request Form.
6. No cell phone allowance will be paid until this form is completed, reviewed
and signed by Human Resources/Bookkeeper and on file with Payroll.
7. The Department Head is responsible for a periodic review of cell phone
allowances in his/her department. Reviews should be completed when there
is a change to an employee’s position which may affect eligibility and no less
than annually thereafter.
8. Position duties and responsibilities that may meet the criteria for justification
include:
a. Position duties that frequently require working offsite, outside of the
normal office environment, and responsibilities that include making
critical business decisions requiring immediate attention.
b. The employee frequently receives emergency or critical calls outside
regular working hours and is expected to return the call and respond to the
situation immediately.
c. The employee is designated as essential personnel in the event of an
emergency which affects Town infrastructure, public health or safety and
subsequently coordinates, directs, and supervises the response and
necessary work.
d. The employee has responsibilities that require use of a cell phone to access
confidential or essential websites and/or programs critical to Town
business.
e. The employee responsibilities include being on-call and available to come
to work outside regular working hours in the event of an emergency.
f. Other duties and responsibilities as defined and approved by the
Department Head.
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9. The employee must maintain an active cell phone plan as long as the cell
phone allowance is in effect. If the employees’ cell phone number changes,
they must notify their Department Head and the Bookkeeper immediately.
10. The employee is responsible for the purchase and maintenance of a cell phone
to appropriately carry out their job duties and responsibilities as outlined on
their Cell Phone Request Form.
11. The Town will not be liable for the loss, theft or damage of personal
cellphones.
IV. Non-Compliance. Employees violating this policy will be subject to
discipline, up to and including termination of employment. The Town Supervisor shall be
advised of any breaches of this policy and will be responsible for appropriate remedial
action, which may include revocation of the privilege to use cellular devices and
disciplinary action, including suspension or termination of employment.
e. MOTION TO ADOPT CELL PHONE ALLOWANCE REQUEST FORM
EFFECTIVE JUNE 23, 2025
MOTION 25-16
MOTION TO ADOPT CELL PHONE ALLOWANCE REQUEST FORM
EFFECTIVE JUNE 23, 2025
Motion to adopt the Cell Phone Allowance Request Form as provided at this meeting,
with an effective date of June 23, 2025. This form will be used to identify employees
who are eligible for a cell phone allowance which will be paid with the employees
paycheck, which is reflective of the same time period as their paycheck, the prior two
weeks phone usage.
f. MOTION TO AMEND SALARY INCIDENT TO THE PUBLIC OFFICE OF
TOWN OF LANSING HISTORIAN
MOTION 25-17
MOTION TO AMEND SALARY INCIDENT TO THE PUBLIC OFFICE OF
TOWN OF LANSING HISTORIAN
Motion for the Town of Lansing to amend the salary incident to the public office of Town
of Lansing Historian, to $1,500 per year, to be paid with the December vouchers. If the
Historian is appointed after January 1st or resigns prior to December 31st, their pay will be
prorated based on the number of full months of service.
g. RESOLUTION APPROVING AND AUTHORIZING BID DOCUMENTS FOR
THE TOWN OF LANSING’S BUILDING ENERGY IMPROVEMENTS
RESOLUTION 25-61
RESOLUTION APPROVING AND AUTHORIZING BID DOCUMENTS FOR
THE TOWN OF LANSING’S BUILDING ENERGY IMPROVEMENTS
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, the Town Hall at 29 Auburn Road, Lansing, NY, has experienced
difficulties with the HVAC system for many years, while the Town has spent thousands
of dollars each year providing temporary fixes on an HVAC system that is twenty-five
years old and nearing the end of its useful life; and
WHEREAS, on July 17, 2024, the Town Board agreed to move ahead with a total
replacement of the HVAC system, based on the Tompkins County Business Energy
Advisors report of February 2024; and
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WHEREAS, on February 28, 2025, agreement number 242915 from New York State
Energy Research and Development Authority (“NYSERDA”) was fully executed,
awarding the Town of Lansing an award amount of $90,000, toward the replacement of
the current system with a geothermal system; and upon a review and discussion of the
matter, the Town Board of the Town of Lansing has hereby
RESOLVED, that the bid documents be and hereby are approved, and the Town Clerk is
directed to advertise the bid and to send bid documents to any person requesting the
same; and further
RESOLVED, that the form of the bid documents and awarding to the successful bidder
be and hereby is approved, and the Town Supervisor be and hereby is authorized to
execute each of the same by, for, on behalf of, and in the name of the Town of Lansing
upon approval of the final form of such documents and contract by Town Counsel.
h. RESOLUTION DECLARING INTENT TO ESTABLISH LEAD AGENCY
PURSUANT TO STATE ENVIRONMENTAL QUALITY REVIEW 6 NYCRR
PART 617.6 FOR ADOPTION OF A LOCAL LAW OF THE TOWN OF
LANSING TO AMEND THE CODE OF THE TOWN OF LANSING CHAPTER
225 ARTICLE II, STORMWATER MANAGEMENT & EROSION CONTROL
RESOLUTION 25-62
RESOLUTION DECLARING INTENT TO ESTABLISH LEAD AGENCY
PURSUANT TO STATE ENVIRONMENTAL QUALITY REVIEW 6 NYCRR
PART 617.6 FOR ADOPTION OF A LOCAL LAW OF THE TOWN OF
LANSING TO AMEND THE CODE OF THE TOWN OF LANSING CHAPTER
225 ARTICLE II, STORMWATER MANAGEMENT & EROSION CONTROL
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS 6 NYCRR Part 617 of the State Environmental Quality Review Act (SEQRA)
requires that a Lead Agency be established for conducting environmental review of
projects in accordance with local and state environmental law; and
WHEREAS State Law specifies that for actions governed by local environmental review,
the Lead Agency shall be that local agency which has primary responsibility for
approving and carrying out the action; and
WHEREAS adoption of A Local Law of The Town of Lansing to Amend the Code of the
Town of Lansing Chapter 225 Article II, Stormwater Management & Erosion Control is
an Unlisted Action under the State Environmental Quality Review Act, which requires
environmental review; and
WHEREAS the Town Board is the local agency with primary responsibility for
approving the action; and
RESOLVED, that pursuant to §617.6(b)(1) of the State Environmental Quality Review
Act (SEQRA), the Town of Lansing declares itself Lead Agency.
i. RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH
GENERAL CODE TO PROVIDE INTERACTIVE MAPLINK SOFTWARE FOR
UTILIZATION BY TOWN RESIDENTS AND PROPERTY OWNERS, AND
FACILITATING INTERACTION WITH THE PLANNING & CODE
ENFORCEMENT DEPARTMENT
RESOLUTION 25-63
RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH
GENERAL CODE TO PROVIDE INTERACTIVE MAPLINK SOFTWARE FOR
May 21, 2025
45
UTILIZATION BY TOWN RESIDENTS AND PROPERTY OWNERS, AND
FACILITATING INTERACTION WITH THE PLANNING & CODE
ENFORCEMENT DEPARTMENT
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, the Town of Lansing Department of Planning and Code Enforcement
performs various legally mandated permitting, licensing and code enforcement activities
to regulate construction, maintenance and use of buildings, structures and land in the
Town of Lansing; and
WHEREAS, it would also be a great benefit to residents and property owners in the
Town to enable them to interact with the zoning map, code, and land use regulations
online, for their convenience, and to modernize, streamline, and expedite project planning
and necessary procedures to obtain permits and licenses; and
WHEREAS, the purchase of the aforesaid software solution and contract services will
address two major priorities: (1) improve Town government efficiency and transparency
by leveraging technology to facilitate citizen access to land use regulations and to reduce
in-person transactions related to permitting activities, (2) digitize government client
services in the Planning and Code Enforcement Department; and
WHEREAS, General Code has proposed a three-year Agreement at a total cost of $2,495
per year (the amount to be paid in 2025 will be $ 9,740 [which includes Project Build and
Annual Hosting for the first year]); and
WHEREAS, this is a Type II Action under the State Environmental Quality Review Act
Section 617.5(c)(26), which requires no environmental review; and now therefore be it
RESOLVED, that the Town Board hereby selects General Code as the provider for the
Map Link interactive zoning map and eCode 360 integration, and associated professional
services, approves the Authorization and Agreement, and authorizes the Town Supervisor
to execute the Authorization and Agreement and related documents, subject to the
approval of the Town Supervisor after consultation with the Attorney for the Town.
j. RESOLUTION APPROVING AUDIT AND BUDGET MODIFICATIONS AND
SUPERVISOR’S REPORT
RESOLUTION 25-64
RESOLUTION APPROVING AUDIT AND BUDGET MODIFICATIONS
AND SUPERVISOR’S REPORT
The Supervisor submitted her monthly report for the months of March and April 2025, to
all Board Members and to the Town Clerk. The March Supervisor’s Report was
reviewed by Councilperson Joseph Wetmore and the April Supervisor’s Report was
reviewed by Councilperson Laurie Hemmings. The bills were reviewed by Councilperson
Joseph Wetmore and Councilperson Laurie Hemmings. The Supervisor’s Reports be
approved as submitted and the Bookkeeper or the Accountant is hereby authorized to pay
the following bills and to make the following budget modifications.
May 21, 2025
46
CONSOLIDATED ABSTRACT # 005
Budget Modifications
for MAY 21st, 2025
Town Board Meeting
Warren Road Sewer District - SS1 Fund
May 21st, 2025
FROM TO FOR AMOUNT
SS1-599
(Appropriated
Fund Balance)
SS1-1420.400
(Attorney -
Contractual)
To cover un-budgeted
expenses related to IMA
with Village of
Lansing/Cayuga Heights
$ 3,345.00
SS1-8120.403
(Sewer-
Contractual -
Utilities)
SS1-9050.800
(Unemployment
Insurance)
Cover additional
unemployment expense $ 14.71
Cherry Road Sewer District - SS3 Fund
May 21st, 2025
FROM TO FOR AMOUNT
SS3-599
(Appropriated
Fund Balance)
SS3-1420.400
(Attorney -
Contractual)
To cover un-budgeted
expenses related to IMA
with Village of
Lansing/Cayuga Heights
$ 2,052.50
SS3-599
(Appropriated
Fund Balance)
SS3-1440.400
(Engineering -
Contractual)
To cover un-budgeted
expenses related to IMA
with Village of
Lansing/Cayuga Heights
$ 1,004.18
k. CONSENT AGENDA MOTIONS M25-12 – M25-17 AND RESOLUTIONS
25-61 – 25-64
RESOLUTION 25-65
May 21, 2025
47
CONSENT AGENDA MOTIONS M25-12 – M25-17
AND RESOLUTIONS 25-61 – 25-64
WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing
has hereby
RESOLVED, that the Consent Agenda Motions M25-12 – M25-17 and Resolutions
25-61 – 25-64, are hereby approved as presented and amended, and
The question of the adoption of such proposed Consent Agenda Motions and Resolutions
were duly motioned by Councilperson Joseph Wetmore, duly seconded by Councilperson
Laurie Hemmings, and put to a roll call vote with the following results:
Councilperson Judy Drake – Aye Councilperson Laurie Hemmings – Aye
Councilperson Christine Montague – Aye Councilperson Joseph Wetmore – Aye
Supervisor Ruth Groff – Aye
Accordingly, the foregoing Resolutions were approved, carried, and duly adopted on
May 21, 2025.
MOTION AUTHORIZING THE TOWN OF LANSING SUPERVISOR TO SIGN
THE STIPULATION OF SETTLEMENT IN THE MATTER OF YELLOW BARN
SOLAR, LLC, BY AND BETWEEN YELLOW BARN SOLAR, LLC AND THE
TOWN OF LANSING
Councilperson Judy Drake recused herself due to a conflict of interest.
MOTION 25-18
MOTION AUTHORIZING THE TOWN OF LANSING SUPERVISOR TO SIGN
THE STIPULATION OF SETTLEMENT IN THE MATTER OF YELLOW BARN
SOLAR, LLC, BY AND BETWEEN YELLOW BARN SOLAR, LLC AND THE
TOWN OF LANSING
Councilperson Joseph Wetmore moved to authorize the Town of Lansing Supervisor to
sign the Stipulation of Settlement in the matter of Yellow Barn Solar, LLC, by and
between Yellow Barn Solar, LLC and the Town of Lansing in settlement of certain issues
concerning the Application in this matter, Matter No. 23-02986, for which the Office
issued a Draft Permit on December 16, 2024 (DMM Item No. 71).
Councilperson Laurie Hemmings seconded the motion.
All in Favor – 4 Opposed – 0
MOTION AUTHORIZING AND DIRECTING THE CODE REVISION
COMMITTEE TO PREPARE PRELIMINARY DRAFT EDITS TO CHAPTER
225 STORMWATER MANAGEMENT
MOTION 25-19
MOTION AUTHORIZING AND DIRECTING THE CODE REVISION
COMMITTEE TO PREPARE PRELIMINARY DRAFT EDITS TO
CHAPTER 225 STORMWATER MANAGEMENT
Councilperson Laurie Hemmings moved that the Code Revision Committee is authorized
and directed to prepare Preliminary Draft Amendments to Chapter 225 Stormwater
Management in accordance with the Code Revision Committee Preliminary Report dated
May 12, 2025.
Councilperson Joseph Wetmore seconded the motion.
All in Favor – 5 Opposed – 0
May 21, 2025
48
RESOLUTION AUTHORIZING ADDENDUM #1 TO CONSTRUCTION
MANAGEMENT AGREEMENT WITH LeCHASE CONSTRUCTION SERVICE,
LLC TO EXTEND PROJECT TIMELINES AND ADJUST THE COSTS OF
CONSTRUCTION MANAGEMENT SERVICES
RESOLUTION 25-66
RESOLUTION AUTHORIZING ADDENDUM #1 TO CONSTRUCTION
MANAGEMENT AGREEMENT WITH LeCHASE CONSTRUCTION SERVICE,
LLC TO EXTEND PROJECT TIMELINES AND ADJUST THE COSTS OF
CONSTRUCTION MANAGEMENT SERVICES
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, LeChase Construction Service, LLC (“LeChase”) and the Town entered into
a construction management agreement dated January 17, 2024, and said agreement
provided a fixed price for construction management services based upon a calculated
matrix involving the cost of the project and the length and review requirements of the
design, bid, and construction phases of the Town Department of Public Works Building
Campus (the “Project”); and
WHEREAS, such agreement provided that upon any expansion of services or extensions
of timelines the Town could or would be responsible for increases in costs based upon such
matrix; and
WHEREAS, the preconstruction phase was plotted at an estimate of 8 months, but actually
lasted 14 months, the construction phase was plotted at 14 months but now is anticipated
to run 17 months, and final project closeout timing was expected to be one month and i s
now two months, thus resulting in an increase of construction management costs of
$228,000, part of which has already been incurred for preconstruction and bidding services;
and
WHEREAS, much of this extra time and additional reviews were caused by increases in
original project costs, cost overruns, value engineering reviews, some redesigned facilities
and features to reduce costs, and other delays not caused by LeChase, nor within the scope
of the work of LeChase; and
WHEREAS, the Town received a request for amendments to the agreement and additional
compensation from LeChase under said agreement, and the same has been vetted and
reviewed, and the Town has duly noted that it was partly and materially due to the work
and advice of LeChase that this project came in at two million dollars below prior
projections as supplied during the last bonding process; and
WHEREAS, upon consideration of the foregoing premises and the scope and progress of
the Project to date, the Town Board of the Town of Lansing has hereby:
RESOLVED, that the requests for additional compensation and to extend the project
timeline be and hereby are approved, and the Town Supervisor may sign both the LeChase
letter agreement dated March 21, 2025 to such effect, as well as the formal Addendum #1
to the Town-LeChase AIA C132-2019 Construction Management Services Agreement as
presented to this meeting.
The question of the adoption of such proposed Resolution was duly motioned by
Councilperson Laurie Hemmings, duly seconded by Councilperson Joseph Wetmore, and
put to a roll call vote with the following results:
Councilperson Judy Drake – Aye Councilperson Laurie Hemmings – Aye
Councilperson Christine Montague – Aye Councilperson Joseph Wetmore – Aye
Supervisor Ruth Groff – Aye
May 21, 2025
49
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on
May 21, 2025.
RESOLUTION ACCEPTING PROPOSAL FROM MJ ENGINEERING,
ARCHITECTURE, LANDSCAPE ARCHITECTURE, AND LAND SURVEYING,
P.C. FOR TOWN GREENWAY MASTER PLANNING
RESOLUTION 25-67
RESOLUTION ACCEPTING PROPOSAL FROM MJ ENGINEERING,
ARCHITECTURE, LANDSCAPE ARCHITECTURE, AND LAND SURVEYING,
P.C. FOR TOWN GREENWAY MASTER PLANNING
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, the Town of Lansing requested proposals for a Town Greenway Master
Plan (formerly Comprehensive Trails Plan) from five consulting firms and received
proposals from four firms; and
WHEREAS, the Town Parks, Recreation and Trails Working Group reviewed the
proposals received and unanimously agreed on the proposal presented by MJ
Engineering, Architecture, Landscape Architecture, and Land Surveying, P.C. ; and
WHEREAS, the Town Board has reviewed the proposal dated April 11, 2025 submitted
by MJ Engineering, Architecture, Landscape Architecture, and Land Surveying, P.C.; and
WHEREAS, the Town Board finds the proposal from MJ Engineering, Architecture,
Landscape Architecture, and Land Surveying, P.C. meets the needs of the Town, and it is
in the best interest of the Town to accept said proposal; and
WHEREAS, upon due deliberation being had thereupon, the Town Board of the Town of
Lansing has hereby
RESOLVED, the Town Board of the Town of Lansing hereby accepts the proposal
(dated April 11, 2025) of MJ Engineering, Architecture, Landscape Architecture, and
Land Surveying, P.C. for the Town Greenway Master Plan, as submitted; and be it
further
RESOLVED, that the Town Supervisor is hereby authorized to request a contract with
MJ Engineering for said services, subject to the terms and conditions outlined in the
proposal and as approved by the Town Attorney; and be it furthermore
RESOLVED, that the Town will pay for the contract utilizing funds received by grant
award #24-592 of $50,000 over two years, to the Town by the Park Foundation and said
grant was accepted by the Town Board on September 18, 2024 by Motion M24-22.
The question of the adoption of such proposed Resolution was duly motioned by
Councilperson Joseph Wetmore, duly seconded by Councilperson Laurie Hemmings, and
put to a roll call vote with the following results:
Councilperson Judy Drake – Aye Councilperson Laurie Hemmings – Aye
Councilperson Christine Montague – Aye Councilperson Joseph Wetmore – Aye
Supervisor Ruth Groff – Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on
May 21, 2025.
RESOLUTION AMENDING TOWN CODE CHAPTER 206 APPENDIX A,
SEWER RULES AND REGULATIONS SECTION A.(3)(a) – SANITARY WASTE
PERMIT FEE
May 21, 2025
50
RESOLUTION 25-68
RESOLUTION AMENDING TOWN CODE CHAPTER 206 APPENDIX A,
SEWER RULES AND REGULATIONS SECTION A.(3)(a) – SANITARY WASTE
PERMIT FEE
The following Resolution was duly presented for consideration by the Town Board:
WHEREAS, the Town of Lansing Code §206-20 states, “Any application, permit,
review, or other fees referenced in this chapter may be determined, amended, and
periodically updated by the Town Board by resolution. In addition, fee schedules may be
developed and approved by resolution to reimburse the Town for the reasonable and
anticipated costs incurred in any review, including for public hearings, publication,
mailings, title reviews, inspections, dedications, SEQRA reviews, stormwater reviews,
legal and engineering (and other professional) consulting, and other incurred expenses of
the Town. All such fees and fee schedules shall be reasonable and properly chargeable to
the applicant or other person required to pay the same, and all such fees and fee schedules
shall be periodically reviewed by the Town Board to ensure reasonableness and legality;”
and
WHEREAS, the Water, Sewer, and Stormwater Committee (WSSC) reviewed the current
administrative costs associated with issuing a sanitary waste permit, and determined that
$350 is a reasonable amount to cover the cost of two inspections and the other
administrative costs, with an additional $100 per inspection for any additional inspections
required; and
WHEREAS, this action is classified as a Type II SEQRA, such that no environmental
review is necessary or required; and
WHEREAS, upon due deliberation thereupon, the Town Board of the Town of Lansing
has hereby
RESOLVED, that Town Code Chapter 206, Appendix A, Sewer Rules and Regulations,
Section A.(3)(a) be amended to read, “The application fee for a Sanitary Waste Permit is
$350, with an additional $100 per inspection if more than two inspections are required.”
The question of the adoption of such proposed Resolution was duly motioned by
Councilperson Laurie Hemmings, duly seconded by Councilperson Joseph Wetmore, and
put to a roll call vote with the following results:
Councilperson Judy Drake – Aye Councilperson Laurie Hemmings – Aye
Councilperson Christine Montague – Aye Councilperson Joseph Wetmore – Aye
Supervisor Ruth Groff – Aye
Accordingly, the foregoing Resolution was approved, carried, and duly adopted on
May 21, 2025.
MOTION FOR THE TOWN OF LANSING TO AWARD THE BID FOR
SPECIAL TESTING AND INSPECTIONS TO CME ASSOCIATES, INC., WITH
A PURCHASE ORDER NOT TO EXCEED $90,000
MOTION 25-20
MOTION FOR THE TOWN OF LANSING TO AWARD THE BID FOR
SPECIAL TESTING AND INSPECTIONS TO CME ASSOCIATES, INC., WITH
A PURCHASE ORDER NOT TO EXCEED $90,000
Councilperson Joseph Wetmore moved to award Special Testing and Inspections to CME
Associates Inc. for the DPW project. LeChase Construction recommends CME
May 21, 2025
51
Associates, Inc. as the lowest responsible bidder with a purchase order recommended to
be issued with a cost not to exceed $90,000.00.
Councilperson Laurie Hemmings seconded the motion.
All in Favor – 5 Opposed – 0
BOARD MEMBER REPORTS
Judy Drake
Submitted the following report to the Town Board and it was included in the meeting
packet which was available on Town of Lansing website and as a handout.
Judy Drake
Town Board Member Report
May 2025
Lansing Fire Commissioners - May 6, 2025-
Calls in April:
Fire: 32 EMS: 61 No Response: 0
Total Calls: 93 Total Calls for Year: 431
Personnel Management Committee – May 7, 2025 – cancelled
Other related meetings: Ruth, Judy and Mary Ellen met twice to begin work on an Office
Job Classification System. Also reviewed the Town’s health insurance plans in
comparison to other plans available through the Municipal Health Insurance Consortium
and reviewed the cell phone policy revisions.
Lansing Zoning Board of Appeals – May 14, 2025
1) Project: Requesting an Area Variance regarding a storage building
Location: 13 Waterwagon Road – TPN 42.-1-1.121 R2 Zoning District
Project Description: The applicant has applied for an Area Variance and is seeking relief
from setbacks to replace an existing barn with a new pole barn.
Discussion: The applicant owns all the property surrounding the lot.
Decision: Variance granted.
Laurie Hemmings
No report.
Christine Montague
Submitted the following report to the Town Board and it was included in the meeting
packet which was available on Town of Lansing website and as a handout.
Christine Montague
Town Board Member Report
May 2025
Tompkins Co. Chamber of Commerce / Lansing meeting, April 30
- Lansing residents, business owners and representatives from Anna Kelles’ office
and The Tompkins Co Chamber of Commerce met to discuss ideas for actualizing
the Lansing of our dreams.
- Business owners have concerns with how their buildings are approved. They feel
that they have had complicated and confusing routes to getting things built and
that they need better guidance from both the Planning department / Code
Enforcement and the Planning Board. Residents who have built houses in Lansing
also said that the process was much longer and more complicated than it should
have been.
- Business owners asked if the sign law can be adjusted so they could advertise on
part of the fences at the ball field. That would bring in revenue to the Town and
May 21, 2025
52
allow local businesses to advertise. There was an idea of adding a cafe at Myers
Park.
- Many had a vision of a Lansing Town Center with things to do and a place for
teenagers to go. We discussed the need for infrastructure in that area first. The
Chamber and the business owners were interested in being in the advisory group
formed for rewriting our zoning laws.
- The Town Librarian is hoping to get a teen center combined with a library and a
certified kitchen for small businesses to make their food to sell. She is also
planning on upgrading the webpage that the Town could turn into a community
website.
- People noted that the schools seem to be closed off from the rest of the
community. Those who tried to reserve a room or use the facilities have found it
impossible. On the positive side, the school has been able to pull together some
funds to get local business owners to do upgrades at the homes of less fortunate
students.
Tompkins Co. Youth Services Advisory Board, April 28
- We had a presentation from The Learning Web, one of the agencies funded by
County Youth Services. They described their services, which include career tours
and experiences for teens, professional development for staff of other agencies,
and emergency food, mental health and housing for young people. They have
expanded their mental health services, a transitional living program, life skills
training for young people, and a supporting strong families program.
- Youth Services is developing a resource hub to help the county school districts’
liaisons that are tasked with helping homeless youth.
Lansing Housing Authority, April 28
- The board accepted a quote for fixing a catch basin and looked at quotes for
resealing the parking lot and replacing windows and siding.
Conservation Advisory Council, May 7
- The CAC had a presentation from Rebecca Schneider from the Dept of Natural
Resources at Cornell. She spoke on land use strategies and alternative ditch
designs to reduce flooding and degradation of streams and the lake.
- Jerry Sheng from Cooperative Extension informed us of two potential granting
sources. One is to fund a climate action plan to increase resiliency. We would
need to choose a focus. He also mentioned that NYSERDA has grants for towns
to explore the reuse of fossil fuel plants that have shut down.
Joseph Wetmore
Submitted the following report to the Town Board and it was included in the meeting
packet which was available on Town of Lansing website and as a handout.
Joseph Wetmore
Town Board Member Report
May 2025
DOS Environmental Protection Fund Smart Growth Community Planning and Zoning
Program 2024 Grant
Tuesday, April 22⋅9:30 – 10:30am
Project initiation meeting with the Department of State Project Manager to discuss the NYS DOS
Environmental Protection Fund Smart Growth Community Planning Zoning Grant requirements.
Code Revision Committee Monthly Meeting
Wednesday, April 23⋅10:00am – 12:00pm
Updating the Stormwater Local Law to address thresholds – John will ask the Town Board if this
committee should raise the threshold for requiring a storm water pollution prevention plan from
the current 2-acre threshold to the State and Federal 5-acre threshold. This would include
something to the effect that construction on steep slopes is required to show that they will not
increase runoff rates more than preconstruction conditions.
May 21, 2025
53
Cannabis – Joe will send to Ruth a copy of the document prepared by C.J. several years ago, and
Ruth will ask Guy to draft rules around cannabis sales in the town, using the previous document
as a starting point.
It was deemed relevant that the code related to solar should be reviewed to see if it needs to be
split into separate sections so if ORES overrides one section, they don't override the entire
paragraph. John will ask the town board to approve the committee working on this.
Discuss Zoning Advisory Committee – A requirement of the recently accepted grant from the
New York Department of State, is that the Town create a Zoning Advisory Committee. Ruth will
ask the board to form a new committee for this project. We discussed who we should consider
adding to this committee, and the following suggestions were put forth: all of the members of the
Codes Revision Committee, someone from the agricultural district, a realtor, a businessperson,
someone with an interest in trails, a member of the Conservation Advisory Council, and a
resident or neighborhood representative. That requirement, which identifies suggested
membership, as stated in the grant contract was read to the committee: “Establish a Zoning
Advisory Committee to oversee all aspects of the project in cooperation with municipal officials
and the project team. For communities with an established planning board and/or zoning board of
appeals, the Committee shall have at least one member from each body and shall include a range
of stakeholders, such as residents, civic leaders, business owners, elected officials, environmental
experts, neighborhood association representatives, and municipal board members from a range of
ethnic, social, and cultural backgrounds.” The goal is to compile a list of suggested members and
send it to the Town Board for the June meeting.
Cayuga Lake Watershed Intermunicipal Organization (CWIO) (Zoom Meeting)
Wednesday, April 23⋅7:00 – 9:00pm
*Presentation: Prioritizing Source Water in Planning and Development presented by Roxanna
Johnston,
*City of Ithaca Watershed Coordinator and WTP Lab Director Report
*Watershed Manager update
* Monthly Report
Chair Report - Roxy Johnston
*Review of updated dues information
*Committee Reports
*Executive Committee
*Education, Public Participation and Outreach
Planning Board
Monday, April 28⋅6:30 – 8:30pm
*Minor subdivision of lands located at 25 Sperry Lane into two new parcels: Parcel A (.748 ac)
and Parcel B (.726 ac). This project is located in the R2 zoning district. Board approved the
project.
*Minor subdivision of lands located at 113 Bower Road into four new parcels: Lots 1-3 (1.5 ac
each) and the remaining 182-acre parent lot. This project will also have a 20’ easement with the
Town for the installation of a walking trail. This project is located in the RA zoning district.
Board approved the project.
*2073 E Shore Drive (located in the old IGA building). Art / woodworking studio including new
site improvements. This project is located in the B1 zoning district. Board approved the project
with conditions.
*89 Goodman Road. Project Description: Site Plan Review of small, home-based business named
the “Barksville Inn”. This project is located in the AG zoning district. Board approved the project
with conditions.
*Minor subdivision of lands located at 655 Ridge Road into two parcels: Lot 1 (24.5 acres) and
Lot 2 (6.75 acres). This project is located in the R2 zoning district. Board set Public Hearing for
May 19, 2025
C1003123 - Town of Lansing Zoning Update - Pre Contract Meeting
Wednesday, April 30⋅10:00 – 11:00am
Meeting with NYS Department of State Contract Management Specialist to give the town step-
by-step instructions on how to fill out the contract and other associated documents.
Yellow Barn Stipulation Discussion
Wednesday, May 7⋅4:00 – 5:00pm
May 21, 2025
54
Met with Matthew A. Eldred, Senior Associate at Harter Secrest & Emery LLP Representatives
from Groton to discuss final details of the Yellow Barn Stipulation agreement.
Groundbreaking Ceremony at the DPW campus
Saturday, May 17⋅11:00am – 12:00pm
Attended Groundbreaking Ceremony.
Bylaws Committee Owasco Lake Watershed Management Council, Inc
Tuesday, May 20⋅8:00 – 10:00am (Joe stated at the Town Board meeting, this was
cancelled.)
Committee meeting to discuss updates to the Owasco Lake Watershed Management Council,
Inc.’s bylaws.
Owasco Lake Watershed Management Council, Inc.
Tuesday, May 20⋅10:00 – 11:30am
*Director’s Summary – Adam Effler
*Treasurer’s Audit and Finance Report
*April 2025 Financials Approval
* 2024 Financial Audit Approval
*Lake Level Report
*Insight into Lake Dynamics from the Owasco Lake Buoy (Recording)
*NYSDEC FL Hub Update
*Owasco Watershed Lake Association Update
*Cornell Cooperative Extension Update
*Watershed Inspection Monthly Report
Ruth Groff
No report.
WORK SESSION
Conservation Advisory Council (CAC) to Conservation Board
The following items were discussed:
• Increased workload and legal obligation
• Time commitment and resources needed
• Lack of training and expertise
• Insufficient integration with other Town Boards
• Strain on Town staff and logistics
• Impact on the development process
• Questionable justification at present
• Cost to taxpayers
• 45-day response window
• Member readiness and support
Proponents argued it is a natural progression following the completion of the Open Space
Index, aligning current practices with the board's intended policy role and providing
another advisory tool for the Town and Planning Boards. The current CAC chair
expressed reservations, noting that CAC members were previously opposed due to the
increased responsibilities and potential resource/training needs. While a board would be
required to review development on properties listed in the conservation plan (currently
over 70 acres, but the threshold could be lowered), the CAC members feel they lack the
necessary training and integration with other town units (Planning Board, Zoning Board
of Appeals) to effectively fulfill this role at present. Lack of dedicated staff support, and
resources were also highlighted as concerns. The suggestion was made to gather more
information from the Town of Ithaca's Conservation Board, which has extensive
experience. Ultimately, the Town Board decided to postpone a decision and gather more
May 21, 2025
55
information, including potential costs and required training, rather than rush into the
conversion.
Review of Cash Management and Investment Policy
The Town is currently operating under an outdated investment policy from 1990. A draft
from a later date that was never formally adopted was found. The plan is to update this
policy, likely incorporating aspects of cash management and receipts policies to create a
more comprehensive document. Key areas needing updates include the designated
depositories and ensuring compliance with current state rules and regulations from the
local finance law and the State Comptroller. The Supervisor, Bookkeeper, Accountant
and the Town Clerk's office will be involved in the review, and potentially the Town's
Auditors or Municipal Solutions could provide assistance in checking compliance and
suggesting good examples. The goal is to pass an updated policy and then conduct annual
reviews.
Change Order Threshold for Supervisor to Approve for New DPW Facility Project
Given the ongoing construction of the new Department of Public Works (DPW) facility,
which is expected to generate change orders, the Town Board discussed authorizing the
Town Supervisor to approve change orders up to a certain financial threshold without
requiring full Town Board approval for each instance. The proposed threshold should be
$35,000, aligning with the procurement policy limit for bids. This would streamline the
process, saving significant time (30-50 days per change order). The resolution (June
Town Board Meeting) authorizing this would also require the Supervisor to report any
approved change orders to the Town Board.
Options for Scoops
Scoops currently operates on Town-owned property under a lease that expires in April
2026. The property was originally owned by the Town, then sold, then purchased again
by the Town due to contamination concerns, inheriting the existing lease. The Town is
now considering whether to extend the arrangement. A key financial consideration is that
if the property is used commercially as of March 1st, the Town must pay a full year's
taxes on it. The Public Works Department uses a portion of this property temporarily for
mulch and brush storage, and while there are logistical challenges with wind carrying
material, it is not currently an impediment to Scoops' operation. Concerns were raised
about the Town subsidizing a private business and potential tax implications of leasing
public land for commercial use. An alternative model, similar to Myers Park concessions
or boat rentals, involves the Town establishing a facility and then franchising the service,
which can avoid tax liability. The Town Board decided to offer Scoops a license
extension (through February 28, 2027) to provide time to explore long-term options.
These options include potentially relocating Scoops to a different Town-owned site (like
a park or ball fields/trails) and/or converting the arrangement to a franchise model, which
would be put out to bid. The Parks, Recreation, and Trails committee will explore
suitable locations and infrastructure needs for a potential future concession.
Delaware Solar
Involves two parcels
• Draft host community agreement
o $35,000/megawatt – 8-megawatt project
▪ Onetime payment $280,000
Myers Park Workout Station
A proposed calisthenics workout station at Myers Park, with partial funding of $15,000
offered by Jay Dietershagen, was discussed. The project would require about an
additional $10,000 from the Town. The Town Board determined that this project should
May 21, 2025
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go through the 2026 budget process rather than being approved for immediate
implementation due to unbudgeted Town costs and the need for a structured approach to
accepting donations and implementing projects. It was suggested that the Lansing
Community Council might do fundraising for the $10,000. Supervisor Ruth Groff will
contact Jay Dietershagen, Lansing Community Council and Friends of Salt Point.
MOTION TO ENTER CLOSED SESSION
Councilperson Joseph Wetmore moved to ENTER CLOSED SESSION FOR ADVICE
OF COUNSEL AT 8:46 PM.
Councilperson Laurie Hemmings seconded the motion.
All in Favor – 5 Opposed – 0
MOTION TO EXIT CLOSED SESSION
Councilperson Christine Montague moved to EXIT CLOSED SESSION AT 9:08 PM.
Councilperson Laurie Hemmings seconded the motion.
All in Favor – 5 Opposed – 0
MOTION TO ADJOURN MEETING
Councilperson Judy Drake moved to ADJOURN THE MEETING AT 9:09 PM.
Councilperson Joseph Wetmore seconded the motion.
All in Favor – 5 Opposed – 0
Minutes taken and executed by the Town Clerk. Minutes beginning with Closed Session
were taken by Guy Krogh, Town Counsel and executed by the Town Clerk.
Respectfully submitted,
Deborah K. Munson, RMC
Town Clerk