HomeMy WebLinkAboutLL#7 of 2016 Woodland Park PDATOWN OF LANSING LOCAL LAW AMENDING ARTICLE XVI OF THE LAND USE
ORDINANCE TO ADD § 1614 TO MAP AND CODIFY PLANNED DEVELOPMENT
AREA ZONE #5 – THE WOODLAND PARK PLANNED DEVELOPMENT AREA
TOWN OF LANSING, TOMPKINS COUNTY, NEW YORK
LOCAL LAW NUMBER 7 OF 2016
Be it enacted by the Town of Lansing as follows:
SECTION 1: TITLE & APPLICATION; FINDINGS
A. This Local Law shall be known as “Local Law Number 7 of 2016.” This Local Law amends the
Town of Lansing Land Use Ordinance by adding a § 1614 to Article XVI for the purpose of formally
codifying, mapping, approving, and adopting Planned Development Area (“PDA”) #5 for the
Woodland Park PDA, and by specifying the allowed land uses and related regulations for s uch PDA
#5.
B. The Town of Lansing Comprehensive Plan and Land Use Ordinance encourage the efficient use
of land to promote sustainable and intelligent designs, such as a residential developments with
integrated and supporting neighborhood uses, especially in areas where residential density is highest,
as the Comprehensive Plan recognizes that innovative and integrated residential developments
supports residential density, reduces the costs of services, preserves land and agricultural uses, and
generally benefit and define the community. The Town Board finds that this PDA was, is, and remains
inherently consistent with the planning and zoning objectives of the Town.
C. PDA #5 was approved in or about 2010, by application of Cardamone Home Builders, Inc.,
Developer, as a residential subdivision with single family residences, a gated townhouse community
area, and 7-8 acres of public and private use open spaces.
D. The Final Plat Map for PDA #5 was filed in the Tompkins County Clerk’s Office upon September
7, 2011, as Instrument #580265-001, at Map Drawer RCG132 (the “Final PDA Plat”).
SECTION 2: PLANNED DEVELOPMENT AREA #5 – THE WOODLAND PARK PDA
A. PDA #5, to also be known as the Woodland Park PDA, is hereby established, permitted, and
defined with permitted uses and applicable definitions as hereafter follows. PDA #5 shall be
enumerated as § 1614 of the Land Use Ordinance, as follows:
§ 1614 PDA #5 - The Woodland Park Planned Development Area.
1. PDA #5 shall use all definitions as are applicable to the Land Use Ordinance generally, and the
general and regulatory provisions of the Land Use Ordinance shall also apply, except to the extent
the same are varied or altered by this local law, including the following:
a. For the townhouse area, defined as the area on the Final PDA Plat as buildings 1 through 48
as surrounded by Private Open Space Lot #1 and Private Open Space Lot #2, and as serviced by
Private Road D (the “Townhouse Lot”), all rules and procedures generally applicable to R1
zones, including site planning, special permitting, and zoning permits, shall apply, but the
general bulk and density rules, to the extent not otherwise regulated by this § 1614, shall be
governed by R2 classifications under the Land Use Ordinance, § 504 (Schedule II).
b. The balance of the lands within PDA #5 shall be governed by the rules and procedures
applicable for R1 zones generally, including site planning, special permitting, and zoning
permits, and including the general bulk and density rules applicable to R1 per Land Use
Ordinance, § 504 (Schedule II), except that:
i. Lots 1 through 25 are restricted to having only one single family dwelling upon each lot
(the “Residential Lots”).
ii. The Private Open Space Lots and Stormwater Management Lots (the “Restricted Use
Lots”) shall not be further developed except as set forth in this § 1614, except that Open Space
Lot #1 and Open Space Lot #2 shall not be regulated as Restricted Use Lots and shall instead
follow the rules for the Townhouse Lot.
c. All area reserved for potential future roadways as shown upon the Final PDA Plat shall
remain reserved and unimproved unless hereafter expressly abandoned as easements or as
reserved future roadways by resolution of the Town Board.
2. The following land uses are prohibited in PDA #5 (despite being allowed uses generally in R1):
a. Two-family dwellings, multiple dwellings, retirement housing, shared housing, ECHO
housing, mobile or manufactured homes, or seasonal cabins or cottages.
b. Government buildings, schools, community residences, public or private clubs, youth
centers, libraries, and museums.
c. 4H and animal husbandry, roadside stands, bed and breakfast facilities, nursery schools, day
care facilities, the keeping or raising of horses or ponies, and the keeping or raising of chickens.
The keeping of any animals other than traditional household pets is prohibited.
d. Commercial solar, wind, or energy production facilities, or any energy production facilities
intended to be used, sold, or credited to or for off-site use.
e. Mining of all types shall be prohibited, including gravel and surface mines, extractive
mining, solution mining, oil and gas mining, drilling or rotary mining, and the like.
f. No residential accessory apartments, or mother-in-law or accessory dwellings or apartments,
are allowed except as built as an integral part of the single family dwelling (or its detached
garage) and when not part of a stand-alone structure.
g. Farming as a business or commercial activity is not permitted, but traditional non-
commercial residential plantings and gardening are allowed.
h. No use of house trailers, mobile homes, outdoor tents, travel or other trailers, or other similar
objects or movable storage units shall be permitted for temporary or permanent storage,
business facilities, or residential purposes on any lot.
i. Traditional professional and home offices are allowed when they comply with the
requirements set forth for home offices as set forth below.
3. Special home office and home occupation regulations and requirements are as follows:
a. Home offices must comply with the following standards:
i. Such home office does not generate more than 10 additional traffic trips per day.
ii. There are no more than two non-family employees.
iii. No more than 30% of the enclosed building space or livable space may be used for non -
residential or rental purposes.
iv. No sales of goods or services to the general public are advertised upon or concerning the
property.
v. No sales of goods or services to the general public occur more than one day per month ,
such sale is for arts and crafts (and similar goods) created on-premises, and such monthly
allowed sale does not generate more than 20 additional traffic trips upon such sale day.
b. Any pre-existing home office use that does not meet the above standards shall be required
to obtain a special use permit from the Town Planning Board to remain as a valid preexisting
and non-conforming use. The failure to obtain a special use permit within one year of the date
of adoption of this local law shall eliminate all benefits of any pre-existing lawful use status and
no special use permit shall be so issued.
4. Special regulations for the Townhouse Lot are as follows:
a. Landscaping and yardage sloping shall be designed to manage and prevent water drainage
to and stormwater runoff upon adjacent properties.
b. All trees shall be preserved to the greatest extent possible, and no tree with a trunk diameter
over 8” as measured 4’ above grade shall be removed except when necessary in relation to
proposed improvements to any lot. Such removal shall be noted upon any plan, building permit
application, or similar document.
c. All planted buffering and landscaping, including screening vegetation, shade trees, and
other plantings, shall contain only native vegetation (i.e., no exotic or invasive non -native
species shall be permitted). All plantings shall be maintained by the lot owner(s) and replaced
with similar vegetation whenever a plant or tree shall die, become diseased, or fail of its purpose
relative to providing screening or buffering.
d. All building materials and construction shall meet New York State Building and Energy
Codes.
e. All building and structure setbacks, excluding roadways and pedestrian walkways and
trails, shall be at least 25’ from the roadway centerline and all boundaries of the Townhouse
Lots. A 30% minimum open space standard shall apply to the Townhouse Lot. Buildings shall
not exceed 3 stories and no building or structure shall exceed a height of greater than 35 vertical
feet measured from the average grade to the highest point in the roof line, excluding chimneys
and vents.
f. No structures or buildings shall be placed upon the land except within the footpr int of the
individual townhouse lots numbered 1 through 48, except that (i) non-permanent and typical
residential accessories, such as birdhouses, small single-unit use playgrounds or swings, and
similar non-permanent structures are permitted; (ii) small pet enclosures shall be permitted,
including fencing not taller than 6’ and not enclosing an area greater than 625 ft2, unless
approved by the Code Enforcement Officer and, if applicable, approved pursuant to any then
applicable covenants or rules; (iii) small, traditional residential gardens and enclosures for the
same to protect them from wildlife predation; and (iv ) trails and pathways with natural
permeable surfaces are permitted. No above ground or other types of swimming pools are
permitted. Common or community-based improvements for general recreational purposes are
permitted in Private Open Space Lot #1 upon the receipt of a site plan approval by the Town of
Lansing Planning Board.
g. The roadway servicing the Townhouse Lot shall be a private roadway maintained by the
owners of townhouse units 1 through 48, and said roadway shall be at all times maintained at a
sufficient width and in a sufficient conditions as to provide for safe and efficient emergency
access to all areas upon the Townhouse Lot by fire trucks and emergency vehicles. If any security
gates or controls are installed to impede or restrict access to the Townhouse Lot, the Town of
Lansing Code Enforcement Officer and the Fire Chief of the applicable Fire Departments (or
similar official) shall each have keys or emergency access devices to bypass any gate or security
features or devices, and a lockbox shall be installed near to each such gate or access control
device as meets the requirements of the Town’s Lockbox Local Law.
h. The appearance of any gate or security device installed to limit access to the Townhouse Lot
shall be architecturally congruent with the townhouse coloration and designs as shown in the
PDA development plan, or as otherwise approved by the Town Code Enforcement Officer, upon
the advice and consent of the Fire Chief and Town Highway Superintendent.
i. No signs, except small, standard realtor or owner signs advertising a sale, shall be permitted
on any lot or in any manner as is publicly visible.
j. Each Townhouse Lot shall have a least one parking space in an attached garage and room
for parking one additional passenger vehicle on a pad designed for such purpose that is part of
or adjacent to the driveway for such unit.
k. No unlicensed or commercial motor vehicles may be placed upon any lot unless within a
garage, and no boat, trailer, camper, pod, truck storage unit, or motor home shall be permitted
on any lot unless kept in a garage and in compliance with any then applicable covenants or rules
for the Townhouse Lots.
5. Special regulations for the Residential Lots are as follows:
a. Only single family residences are allowed.
b. All trees shall be preserved to the greatest extent possible, and no tree with a trunk diameter
over 8” as measured 4’ above grade shall be removed except when necessary in relation to
proposed improvements to any lot. Such removal shall be noted upon any plan, building permit
application, or similar document.
c. All building materials and construction shall meet New York State Building and Energy
Codes.
d. Lots 1, 2, 7, 10, 11, 13, 15, 16, 17, 23, 24 and 25 shall also be governed by the special wetlands
protection rules and regulations (§ 7, below).
6. Special regulations for the Restricted Use Lots are as follows:
a. No buildings or improvements are permitted upon any Restricted Use Lots, and each of the
same shall be maintained in their natural state, except for the following improvements or
structures:
i. Stormwater facilities and devices approved by the Town of Lansing, or by or for any
applicable drainage district, in accord with stormwater needs or regulations, any DEC
general permit, any SWPPP, or to otherwise manage flooding and stormwater in accord with
now or hereafter applicable regulations and requirements of the DEC and EPA.
ii. Upon receipt of a site plan approval from the Town of Lansing Planning Board, Private
Open Space Lot #3 shall be permitted to have trails and related small -scale structures, such
as foot bridges to cross boggy or wet areas, but all such trials and small-scale structure shall
be made of natural materials, pathways shall be made of permeable natural materials, no
footbridge or any small-scale structure shall have a foundation or footer, and any disruption
of any jurisdictional wetlands shall require any necessary wetland permits.
iii. Utility lines and appurtenances, when such locations are approved by the utility
provider, any and all needed permits for installation or use are obtained, and the Town
Highway Superintendent, upon the advice and consent of the Town’s Stormwater
Management Officer, has approved the same, their method of installation, and their
location(s).
7. Special wetlands protection regulations are as follows:
a. PDA #5 currently contain approximately 5.98 acres of federally regulated jurisdictional
wetlands, as mapped and duly delineated upon the Final PDA Plat, as further identified in a
delineation and report from Terrestrial Environmental Specialists, Inc., dated July, 2010 (the
“Baseline Wetlands”).
b. No improvements, structures, installations, or land disturbances are permitted within any
Baseline Wetlands, including: (i) on the Residential Lots at lot numbers 1, 2, 7, 10, 11, 13, 15, 16,
17, 23, 24 and 25; and (ii) for Private Open Space Lot #3, but subject to the allowances and
exceptions set forth above for Private Open Space Lot #3 as one of the Restricted Use Lots.
c. Only stormwater facilities approved by the Town of Lansing and small, residential surface
gardens shall be installed within 25’ of any Baseline Wetland boundary or border, in each case
subject to any wetland or other permits or permit requirements.
d. Any facility, device, disturbance, or other use or improvement that is proposed to be installed
in violation of the above use and distance restrictions may be allowed only upon receipt of: (i) a
use variance for improvements within or touching in any part upon any Baseline Wetlands; or
(ii) an area variance for reducing the buffering, no-build zone adjacent to Baseline Wetlands;
and (iii) in each case subject to any wetland or other permits or permit requirements.
8. Roadway or roadside pathways.
a. Pedestrian and bicycle pathways may be installed, marked, improved, or designated
adjacent to any public highway upon a plan and construction plan as approved by the Town
Department of Parks and Recreation, upon the advice and consent of the Town Highway
Superintendent.
b. No such pathway shall be in excess of 4’ wide, and under no circumstances may any pathway
be used, improved, or installed in any manner as damages or interferes with the roadway
surface, the shoulders supporting such roadway, any stormwater facilities or drainage, or as
would create an obstacle that obscures line-of-sight vision along any such public highway, at
any intersections upon any such public highway, or as would interfere with a safe lane of exit
from the roadway in the event of an emergency, which shall include both: (i) a “clear zone” or
“clear area for recovery”; and (ii) a safe “lateral offset to obstruction distance,” which in no event
should be less than 1.5’, each as defined by AASHTO, the NYSDOT highway design and related
manuals and guidelines, and USDOT-Federal Highway Administration regulations and
guidelines.
9. Lighting, other than residential site and facility lighting, shall only be in locations of approved
lighting poles and plans, plus any security or passage lighting for buildings. All future lighting and
lighting fixtures shall be shielded and designed so as to avoid glare upon adjacent properties.
10. Any proposed use not specifically herein allowed is expressly prohibited unless an amendment
to the PDA and its development plan are approved through the applicable procedures as outlined
in the Land Use Ordinance.
11. The area encompassed and rezoned in accordance with this Local Law is described as follows:
Those lands being known as Town of Lansing Tax Parcel Numbers 41.-4- 1 through 41.-4-50 and
41.-3-1 through 41.-3-32 (including roadway parcels 41.-3-29.1 and 41.-3-29.2), and including the
roadways servicing the same, comprising approximately 59.984 acres of land and being more
particularly bounded and described as follows:
BEGINNING at a point in the centerline of Hillcrest Road, which point is the southwesterly
corner of lands now or formerly of Snyder (817/226); and thence proceeding
S 83º 34’ 44” E a distance of 252.25’, passing through an existing iron rod at the highway
boundary of said Hillcrest Road, to an existing iron rod demarking the southeasterly corner of
said premises of Snyder (R.O.); and thence proceeding
N 07º 24’ 19” E a distance of 679.20’ to a found iron rod located in the southerly line of lands
now or formerly of Gregory Graffin Living Trust (Inst. #531416-001); and thence proceeding
S 82º 57’ 28” E a distance of 1,282.55’ to a found iron pin demarking the southeasterly corner of
lands now or formerly of McGrath (Inst. #509157-001); and thence proceeding
N 07º 18’ 22” E a distance of 420.61’ to found iron pin demarking the northwesterly corner of
Private Open Space Lot #3 (within PDA #5); and thence proceeding
S 83º 51’ 38’ E a distance of 605.01’, passing through a found iron rod at the highway edge of
Warren Road, to a calculated point in the centerline of Warren Road; and thence proceeding
Southerly along the centerline of said Warren Road along a line S 07º 40‘ 54” W a distance of
1,749.99’ to a calculated point in the centerline of Warren Road, said point being the
southeasterly corner of PDA #5; and thence proceeding
N 82º 59’ 32” W a distance of 1,610.16’ to a calculated point in the centerline of said Hillcrest
Road; and thence proceeding
N 81º 01’ 31” W a distance of 218.62’ to an existing iron pipe demarking an inside corner of lands
now or formerly of Krizek (inst. #450138-001); and thence proceeding
N 08º 21’ 08” E a distance of 234.95’ to a calculated point in the centerline of said Hillcrest Road;
and thence proceeding
Northwesterly along the centerline of said Hillcrest Road along a line N 30º 56’ 49” W a distance
of 155.99’ to a calculated point in said centerline; thence continuing
Northwesterly along the centerline of said Hillcrest Road along a line N 29º 18’ 55” W a distance
of 349.19’ to a calculated point in said centerline, being the point and place of beginning,
encompassing in total 59.984± acres.
12. The landowners and residents within the PDA assume sole responsibility for the land
development activities within the PDA and all worksites, including all related staging and
construction areas and lands within and without the PDA, and agree to assume all responsibility
for any injury or damage that may or does occur as a result of any excavation, construction, or
related work. The landowners and residents, to the fullest extent permitted by law, shall indemnify
and hold the Town, its officers, agents, and employees harmless from and against any, each, and all
losses, actions, causes of action, claims, suits, debts, dues, sums of money, accounts, reckonings,
bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances,
trespasses, damages, judgments, extents, executions, and demands whatsoever, whether arising in
law, admiralty or equity (all together and severally hereafter the “Claims”), including but not limited
to reimbursement to the Town for any amounts expended for expert, consulting, engineering, and
attorneys’ fees and expenses arising from or in relation to any Claim. The Town shall not be liable
or responsible for any injury to persons or damage to property due to any acts or failures to act unless
it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a
willful or intentional act of the Town. No right or cause of action is hereby implied or created that
does not already exist in law or equity.
13. The Town of Lansing Zoning Map is hereby amended to incorporate the location and
boundaries of PDA #5.
SECTION 3: SEVERABILITY; INTERPRETATION
If the provision of this Local Law shall be adjudged or held invalid or unenforceable by a court or other
tribunal of competent jurisdiction, such determination, order, or judgment shall not affect or invalidate
the remainder of this Local Law, and any such invalidity or unenforceability shall be confined in its
operation to the provision directly involved in the controversy in which such determination, order, or
judgment shall have been rendered, and such invalidity or unenforceability shall not apply to other
jurisdictions, persons or circumstances and, in all cases, the balance hereof shall remain in force and effect.
Section and other headings are for reference and convenience only and shall not be deemed or construed
to limit or define the requirements of clauses set forth thereunder. References to laws and regulations
(including references within this local law to other sections of this local law), and the sections and
subsections thereof, shall be construed to apply to such law or regulation as now exists or as may hereafter
be amended or recodified, and no typographical error or error of reference shall be given significant
meaning or effect. The gender or neuter of pronouns shall be construed as the context or use thereof admits
or requires, and the singular shall be construed as the plural, and vice versa, when the context thereof so
admits or requires.
SECTION 4: EFFECTIVE DATE
This Local Law shall be and become effective immediately upon filing with the New York Secretary of
State.