HomeMy WebLinkAbout2012-02-16 TB 2- 16- 12
TOWN OF DRYDEN
TOWN BOARD MEETING
• February 16, 2012
Present ; Supervisor Mary Ann Sumner , Cl Stephen Stelick, Cl Joseph
Solomon , CI Jason Leifer , Cl Linda Lavine
Elected Officials: Bambi L . Avery , Town Clerk
Other Town tarr: Dan Kwasnowski, Director or Planning
Andy Sciarabba , TG Miller Engineers
Jane Nicholson, Planner
Kevin Ezell , Zoning Officer
Supv Sumner opened the meeting at 7 ; 30 p. m , and board members and audience
members participated in the pledge of allegiance,
Pope Sumner noted the passing of back Gallagher last week, a. very talented and well.-
liked high school senior . The school district is arranging community conversations about
suicide issues,
Supv Sumner asked Cl Leifer to chair the meeting_
PUBLIC HE G2IIT
SPECIAL USE PEEDIth APPLICATION OF
RICHARD HUBER TO ESTABLISH AN AUTO SALVAGE
BUSINESS TT 51 JOHNSON ROAD
Cl Leifer opened the public hearing at 7 ; 35 p. m and Town Merl B Avery read the notice
published in The Ithaca Jourrczd on February 11 , 2012 .
Applicant, Jack Huber, said he lives in Ithaca, has been a general contractor for 18
years, and would like to establish a motorcycle recycling business (Rick's Cycle Parts) at 31
Johnson Road , This would involve the acquisition , deconstruction and resale of motor cycle
parts (no automobilesj . The motorcycles would be obtained primarily from insurance
companies and private parties , He will utilize internet, business web pages, and ebab. The goal
is to sell parts to custom motorcycle builders_ There will be no outside storage of parts or
motorcycles. Scrap will be appropriately disposed of. Parts will be neatly stored in racks and
bins inside _ Fluids , if any , will be properly drained and disposed of in accordance with
regulations . There will be very little noise as he will be using small power and hand tools.
There will be no traffic as the shop is not open to the public_ He will be working weekends and
nights. His mission is to provide the best service and quality parts through efficient shipping
and outstanding customer service ,
Tompkins County Planning has reviewed the application and determined that it has no
negative inter-community or county-wide impacts.
Tim Wools , I. 18 Johnson Road , across the street from the Proposed site . Some of his
concerns have been explained away by the information just given . He asked what kind of
vehicles will be transporting the motorcycles and parks and in what volume„ The applicant said
he will use his minivan for this purpose .
Supv Sumner reviewed the conditions of approval suggested by CEO Kevin Ezell and
said they seemed reasonable .
leT I win
•
FB 2- 16- 12
D Kwasnowski noted that New York State requires the applicant to have a permit from
the town . The applicant is getting a state license for vehicle dismantling. Signage should be
consistent with a. home occupation .
Mrs _ Woods said this is an agricultural and residential area Other businesses have
been allowed. She is concerned about: an increase of 'commercial business" in the area. Supv
Sumner said this is what makes the special use permit process work_ This is an existing
building and there will be no changes to the property outside_
B Schickel noted that farming across the street could be significantly more disruptive
and does not require a permitting process_
The board reviewed the special use permit worksheet ,
a) Whether Section 1303 . 1 requirements have been met. - Pee
b) Whether the location , use and nature , and intensity of operation will be in conflict
with the aLlamed uses of the zone or neighborhood . - No .
c) Whether the use will be more objectionable or depreciating to adjacent and nearby
properties (by mason of traffic , noise , vibration , dust, fumes , smoke , odor, fire ,
hazard, glare, flashing lights or disposal of waste or sewage) than operation of the
allowed uses of the zone_ - No .
dM Whether the use will discourage or hinder the appropriate development and use of
adjacent properties or neighborhood . - No .
e) Whether a non-residential use adjacent to an existing residential use shall be
screened by a landscaped buffer strip or suitable fencing. - No.
Whether health , safety and general welfare of the community may be adversely
affected , - Igo _
g) Whether or not a Storrnwater Management permit is necessary , If so , has one been
submitted , and if so , is it acceptable? N f A
The public hearing was closed at 7 ; 53 p. m . , and the board reviewed the short state
environmental quality review form .
RESOLUTION #49 - (20121 - NEG SEQR DEC - HUBER SPECIAL USE PERMIT
Ni Soloman offered the following resolution and asked for its adoption :
WHPNPAS,
A . The proposed action involves consideration of the application of Richard Huber
to establish an auto salvage yard (motorcycle part business) at .105 (formerly known as 31. )
Johnson Road .
B . The proposed action is an Unlisted Action for which the Town Board of the Town
of Dryden is the lead agency for the purposes of uncoordinated environmental review in
connection with approval by the Town .
C . The Town Board of the Town of Dryden , in performing the lead agency function
for its independent and uncoordinated environmental review in accordance with Article S of the
New York State Environmental Conservation Law - the State Environmental Quality Review Net
" ( SEQR) , (i) thoroughly reviewed the Short Nnvironreentel Assessment Form (the ' Short EAF") ,
Part I , and any and all other documents prepared and submitted with respect to this proposed
action and its environmental review, (ii) thoroughly analyzed the potential relevant areas of
• environmental concern to determine if the proposed action may have a significant adverse
impact on the environment, including the criteria identified in 6 NY RR §117 . 7 (0) , and (iii)
completed the Short EAF, Part II ;
NOW , THEREFORE, HE IT RESOLVED AS FOLLOWS :
Pa .c2oflIt
TB 2- 10- 12
l _ The Town Board of the Town of Dryden , based upon (i ) its thorough review of the
Short EAF, Part 1 , and any and all other documents prepared and submitted with respect to
this proposed action and its environmental review , (ii) its thorough review of the potential
relevant areas of environmental concern to determine if the proposed action may have a
significant adverse impact on the environment , including the criteria identified in 6 NYCRR
617 . 7 (c) , and (iii) its completion of the Short EAF , part II , including the findings noted thereon
(which findings are incorporated herein as if set forth at length) , hereby makes a negative
determination of environmental significance (Negative Declaration ") in accordance with SEQR
for the above referenced proposed action , and determines that neither a Lull Environmental
Assessment Farm, nor an Environmental impact Statement will be required, and
2 . The Responsible Officer of the Town Board of the Town of Dryden is hereby
authorized and directed to complete and sign as required the determination of significance ,
confirming the foregoing Negative Declaration , which fully completed and signed Short EAT and
determination of significance shall be incorporated by reference in this Resolution _
2nd CI Leifer
Roll ball Vote Cl Stelick Yes
Ti Solomon Yes
dupe Sumner Yes
Ti Leifer Yes
Tl Lavine Absent
RESOLUTION #50 (20121 - APPROVE SPECIAL USE PERMIT -
HUBER - 150 JOHNSON ROAD
411 Supv Sumner offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board hereby approves the special use permit application of
Richard Huber to operate an auto salvage business (motorcycle parts) at 150 Johnson Road
(formerly known as 31 Johnson Road ) in the Town of Dryden , subject to the following
conditions ;
I . Special Conditions of Approval lid - 14 -2008) ;
2 . Hours of operation shall be 6 : 00 a . m . to 11 : 00 p . m . every day.
3 . Work shall be limited to motorcycles.
• . Signsda shall be only that required by New York State law and one home occupation
sign ,
5 . Applicant shall obtain an electrical inspection and certificate of compliance .
6 . Applicant shall comply with DEC requirements for disposal of hazardous waste,
'°ti CI Leifer
Roll Call Vote Cl Stelick Yes
Ti Solomon Yes
dupv Sumner Yes
Cl. Leifer Yes
Cl. Lavine Absent
KETCH PLAN REVIEW - UTRA MART
L Kwasnowel i explained that this is an informal review of the plan for expansion of the
XtralVlart on Route 13 near hY Eh and addition of a hunldn Donuts drive through _ Aaron
Falkenmeyer of Delta Tngirteers and Tom Daniluk of XtniMart presented the sketch Tian . The
plan has already been reviewed by Cl Solomon , Cl Stelick and Andy Sciarabba.
•
Puec 3111 I It
TB 2- 16- 12
There will be an 800 square foot addition to the existing 2 , 000 square foot structure to
accommodate the Dunkin Donuts drive through service . The only significant change to the foot
• print would be a drive thru queue of 2 , 000 square feet of asphalt surface to provide a 6- 7 car
stacking capacity , as well as a relocated dumpster. They are moving all the gas pumps to one
side . (Cl Lavine arrived)
Some additional landscaping is proposed to provide some additional screening.
Dunkin Donuts will be on the side with a drive thru . Entrances to the building were described .
Siding will be hardy board type siding. Signs will be in accordance with the town ordinance .
There is a possibility of a HVAC unit on the Dunkin Donuts side on the roof. They anticipate
beginning construction in the spring, and have been working with the Planning Department to
expedite the matter. A traffic study has been submitted to NYS DOT and they have a verbal of
no significant impact .
Supv Sumner said the board will have more opportunity for discussion on this matter.
D Kwasnowski said it is a good improvement to building.
J Pierpont said it is already a complicated area for turning and there is no turning lane .
There were other comments from the audience on the difficulty of turning left out of the
•
location .
Supv Sumner said perhaps there could be a discussion of a shared curb cut with BB
Farms . D Kwasnowski said he had talked with the applicant about the possibility of cross
action with the farm stand . He noted that is easier to do when you are building from scratch .
Bruno Schickel suggested one ingress and one egress . D Kwasnowski they are
concerned with traffic flow . B Schickel suggested the east side entrance could have only a right
• turn exit.
There were no other questions from the board . Applicant will now complete the full
application with lighting plan , landscaping plan and more details. A Sciarabba and D
Kwasnowski are working with them on stormwater control to protect H"all Creek. D
Kwasnowski expects they will have a full application for next month .
Joe Lalley , Planning Board Chair, encouraged the board to move forward with the
zoning and subdivision laws and read the attached letter . See letter
CITIZENS PRIVILEGE
Tim Woods said he is a previous member of the Conservation Board and has tried to
keep in touch with what is going on environmentally in the area. He doesn 't understand what
problems are trying to be fixed with this supposed solution . He is not sure this will fix
whatever it is. He went back through the Comprehensive Plan and the Open Space inventory
and it appears that with what was planned in 2006 with the UNAs , the state forests , the 16
different private parcels that protected environmentally that we have more than enough
protections in place without putting 62% of the town into yet additional protections
environmentally . He doesn't understand what is trying to be accomplished in addition to what
is already in place, and would like to understand it better.
John Burger, 1689 I•Ianshaw Road , said he is in favor of CEAs and is not sure why
anyone would not want to be in one of these zones . His area is not in one and he would feel
more protected if he was in one . He said water needs to be viewed as a resource . In
Pennsylvania where they didn 't have water because of gas drilling, the gas companies offered to
provide water, but that didn't really solve the problem . If the land isn 't treated well, the
resource is less valuable . He said we need to look at things in a broader way .
Page 4of114
'19 2- 16- 12
Don Scutt said that in December he promised to come back with stickers for a ten
percent tax cut . He is concerned about the out of control property tax. Three years in a row he
• asked for the tax levy to be cut by 10% . He read from a document regarding the state law on
the property tax cap and said upstate New York continues to lose jobs at a rate higher than the
national average while taxes continue to rise . He said the State government and Governor see
a problem , but locally we don 't . The Town Board voted to override the cap and he asked why
they voted to go above the 2% cap if the budget was only increasing 1 - 1 / 2%. He believes the
reason is that there is clause in 52705 that says if you take in more revenue than you project ,
you have to place that into reserves next year. You can 't spend that extra revenue .
Supv Sumner explained the law that was adopted authorized the board to exceed the
cap , but the board never took the next step . It was a preventative action because the budget
had not been finalized and the final calculation on the tax cap had not been done.
D Scutt said he can see easily cutting 20% in our budget. It appears that each
employee in the town has $2 , 000 for equipment this year. There are things in the budget that
the town does not need to do .
Cl Stelick said the school rate is 22 . 1874 per thousand and the town rate is 1 . 43 . D
Scutt said it is not fair to compare tax for a local government to a school is not necessarily fair
in his mind . The town has an opportunity to lead in the state . CI Stelick said the town does
take its responsibility seriously .
Supv Sumner said the tax rate declined for several years and has held even for five or
six years. The town has no debt , and was able to build the new town hall without bonding.
That points to decades of good fiscal responsibility and they plan to continue that.
Cl Leifer chose to move here because of the low town tax rate. The board takes its
® fiduciary responsibility seriously .
Paul Simonett, 9 Lewis St , thanked the board for its public service . He is concerned
about the CEA designations. He is not fluent in what is being proposed . He went the extra
mile in doing his development ( Maple Ridge) and has pursued alternative sources of energy . He
is trying to do the right thing with his cluster house development. He doesn 't know whether
the board should move forward with the CEAs . It seems to be going very fast . This is too broad
to go so quickly.
People that are moving out of NYS are going elsewhere because of taxes. The perception
is that so much is going on in Dryden that it is hard for a developer to know what they should
plan for and what to do next. He cautioned the board to "look before you leap . "
Bruno Schickel, Scutt Road , said he takes exception to what J Lalley said about the
need to move forward with the zoning and subdivision laws. He understands the subdivision
law is not complete and there will be a great deal of confusion if one is introduced without the
other.
Someone earlier asked what the problem is that is trying to be fixed by the critical
environmental designations . It's a good point and he has asked the question numerous times .
Earlier this week several Conservation Board members came to speak to a group of
Republicans and Friends of Republicans. The question was asked there and was not
answered. At that meeting Bob Beck (CB member) described in great detail how the UNAs
came to be and the process that was followed in creating those . Letters were sent to property
owners, permission was asked to access the land , after more work was done, letters were sent
to those property owners whose land was to be designated . There was a deliberate process
S followed in the creation of the UNAs . A number of people have asked why property owners
were not informed in writing and made part of the process. The UNAs have no force of law.
The CEAs are tied into the law . It will have a legal impact. At a minimum the town should use
the same standard that was used in the creation of the UNAs . To do less is backwards. He
encouraged the board to send it back to the Conservation Board for further consideration with
Page 5 of 114
TB 2- 16- 12
the stipulation that they follow a process where they seek input and permission of land owners
whose land they want to include in CEAs . He said the board should keep the bar high in this
• regard . It is the fair and appropriate thing to do .
Marie McRae , farm owner on Irish Settlement Road , said she is happy that her farm is
part of one of the CEAs . As she understands it, our local law language does not dovetail with
the language used by DEC . By designating areas as critical environmental areas, it raises a
red flag if anything is going to be done on the land there and asks people to take another look .
She thanked the Town Board and Conservation Board and said the Conservation Board did
good job at the meeting on Monday .
M McRae distributed copies of an article by Elizabeth Radow about gas drilling and
mortgage and insurance issues and how they might be impacted .
David Bravo-Cullen , 28 Lee Rd , said he lives 25 feet from CEA # 13 . The criteria used
to delineate the CEAs are alluded to in things he 's read , but not specifically explained
anyplace . In light of the comments on this , it makes good sense to return proposal to the
Conservation Board for further deliberation and refinement so that in the end it is a superior
document..
Evan Carpenter , Dryden Rd , said he heard on ABC news about a 4 year old in a North
Carolina school who had her lunch taken away from her. The intent of USDA regulations was
not to inspect all lunch boxes and take them away if it didn't meet their preference . He is
connecting this with the CEAs. He said the intent of the CEAs is to keep Dryden pretty . No
one working on this wants to go through and finitely dictate what people do with their lawns .
His concern is for the future . The original intent could be lost and an overreaching board could
come along. He asked that the board consider sending it back to the Conservation Board for
further review, and establish an Ag review board for their input. He is afraid of what the
• overreaching possibilities could be for future ag related activities .
Rick Ryan, 277 Lake Rd , newest member of the Conservation Board , speaking as a
resident said he was at the meeting on Monday and it was a good meeting. People are asking
what problem we are trying to fix, and he asked why there has to be a problem . He doesn 't
believe there is a problem . We are finally learning to take preventative measures . To disregard
CEAs or limit them just to the size of the unique natural areas would be akin to only eating
healthy or exercising when you are sick. He said to think about what you and your neighbors
want in your back yard .
Lawrence Lyon , 3 Hanford Drive , said he recognizes that the period of public hearing is
closed on the proposed designation of 65 or 79 square miles of land in the town as critical
environmental areas. He asked board to table this with the following justification . He has read
material on the website. it took five minutes of scrolling through the material to realize that
90% of the mitigations specified limit development. He asked how anyone could do anything to
improve development or change in anyway a piece of land without running afoul of this limit
development criteria. The proposed designations in his view will depress town wide property
values and any development efforts . He asked the board to table the proposal and follow the
precedent set in the process of identifying the unique natural areas twelve years ago . He said
the public part may have been correct in a pro forma sort of way , midweek before Christmas
and in mid January, was seriously mishandled .
Joe Wilson, Hunt Hill Road , said he sent in comments and has spoken before on CEAs .
The problem that concerns him that CEAs will contribute to a better result because they exist
is that we are more than likely about to be faced with unprecedented indust:riali?ation of our
entire area by multi -national companies that don 't care about our area, our environment, or
• anything but making money and shipping off to other countries . Their partners are the DEC
which will regulate the industrialization through one generalized environmental statement . He
has read this and knows that it is like swiss cheese . The DEC and Exxon don 't care about
water, slopes , where pipelines are stuck and whose property rights or environment is violated.
They won 't do that. CEAs won't stop them , but at least it will raise a red flag and give local
Page 6 of 114
2- 16- 12
•
folks an opportunity to discuss mitigation . Even people who want hydrofracking should
welcome that . He supports the principal because he thinks it solves a dramatic, unbelievable
• problem that has not been given proper attention .
Nancy Weraney, 9 Library St , was shocked to find out what was happening with the
CEAs . She asked whether the DEC was consulted about making 60% of the town a CEA and
was told no , they will be submitted to the DEC after the board approves them . She said maybe
the DEC is busy with hydrofracking, and don 't have time to take care of Dryden 's CEAs. What
if every town did that? Would the DEC like that to happen? You have building codes and
zoning codes , so why bring another layer of regulation on top of what there already is? Supv
Sumner said because exactly the same reason we have building codes and zoning codes .
N Weraney said we don 't need another layer of regulation about what someone can do
on their legally owned and highly taxed property . If every town makes 60% of their land a CEA ,
she doesn 't think the DEC would particularly like that . There are some hardships for people
written in the rules, and she doesn 't think the Town has taken that into consideration . She
also doesn 't think enough people in Dryden are aware of this .
TOWN CLERK
RESOLUTION # 51 (2012 ) - APPROVE MINUTES
Supv Sumner offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board hereby approves the meeting minutes of January 11 ,
2012 , and January 18 , 2012 .
211d Cl Stelick
• Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
HIGHWAY/ DPW SUPERINTENDENT
Highway Superintendent Jack Bush asked the board to approve the §284 Agreement
previously provided . He said it is based on his cycle of surface treating and paving. There is
not enough money to do everything he 'd like , so he has had to postpone some work.
RESOLUTION #52 (2012) - APPROVE §284 AGREEMENT
Supv Sumner offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board hereby approves the 2012 §284 Agreement.
2nd CI Solomon
Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
J Bush said the town has saved some money so far this year because of the lack of
• snow.
RECREATION DEPARTMENT
Paw: 7of114
TB 2- 16- 12
Supv Sumner said that the Recreation Director , Melissa ]Bianconi , would like the board
to appoint Andrew Pierce as an alternate to the Recreation Partnership for occasions when she
1, is unavailable .
RESOLUTION #53120121 - APPOINT ALTERNATE TO RECREATION PARTNERSHIP
Supv Sumner offered the following resolution and asked for its adoption ;
RESOLVED , that this Town Board hereby appoints Andrew Pierce to be the alternate to
the Recreation Partnership for a one year term expiring December 31. , 2012 .
2nd Cl Steliek
Roll Call Vote Cl Stelick Yes
CI Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl T.avine Yes
Supv Sumner said there was a mistake in the terms of the Recreation Commission
appointments that were made January 3 and presented a resolution to correct them .
RESOLUTION #b4 ( 2012 ) - CORRECT RECREATION COMMISSION APPOINTMENTS
Supv Stunner offered the following resolution and asked for its adoption:
RESOLVED , that this Town Board hereby appoints Monica Armstrong to the Dryden
Recreation Commission to complete a term vacated by a resigning member and expiring
a December 31 , 2012i Vicki Wilkins to the Dryden Recreation Commission for a three -year term
to expire December 31. , 201. 0 , and Wendy Martin as the Community Center Representative for
a one-year term to expire December 31 , 2012 .
2.0 Cl Leifer
Roll Call Vote ICE Steliek Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yee
Supv Sumner said she has a letter from the Chair of the Dryden d reotion
Commission, Jeff Humphrey , advising that the DRC has agreed that the two vacancies on the
DAC not be filled at this time _ The (WC has been charged with the task of working with the
Dryden Youth Commission to explore merging the two next year. Because of that and because
they have a very active current membership they don't believe ensuring a quorum will be a
problem _ The board agreed to accept their recommendation unless there is a need before the
end of the year to fill a vacancy _
There is a request to Ell a vacancy from the Dryden Youth Commission ,
RESOLUTON #55 (TO f T ) - APPOINT YOUTH COMMISSION MEMBER
Supv Sumner offered the following resolution and asked for its adoption :
4111
RESOLVED , that this Some Board hereby appoint Tracy Kurtz to serve on the Dtydee
Youth Commission for a term to expire December 31 , 20 .14 ,
51141C1 Stelick
Pon 8 to 114
r
TB 2- 16- 12
Roll Call Vote Cl Stelick Yes
CI Solomon Yes
1111 Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
COUNTY BRIEFING
Martha Robertson said the County is keeping track of what is happening in Albany .
She is disappointed in the Governor's mandate relief. Tier 6 pension changes won 't help
counties for years to come . Early intervention and special education changes makes some
sense but won 't save money for counties . With respect to Medicaid , the Governor claims credit
for a cap on Medicaid growth . She said the details are complicated, but the bottom line is that
it provides little relief for counties. She said there are 22 states that have no local share for
Medicaid . 27 states have a small percentage for a local share . New York is the only state
where the major expenditure by counties is raised by taxes. Counties are advocating for a hard
cap instead of phasing growth over 3 years . There is a good deal of support among legislators .
Most counties came in under the tax cap by raiding reserve funds or borrowing for expenses .
This is not sustainable .
Mike Lane said the County Administrator provides the legislature with a fiscal indicator
summary each month and shared a copy . They are seeing a fairly significant increase in the
number of children in placement (foster homes , family placement, and institutional care) . It is
up about 30% over two years ago . They have no jail board outs so don 't have that expense .
The Legislature is reorganized . The new Vice Chair is Nathan Shinagawa. Mike Lane
will chair the Capital Plan Review Committee which has been charged with looking at some of
the building projects they have. He will also serve on the Government Operations Committee
• and Budget Committee.
M Lane said it looks like there will be three primaries in New York State . This is a local
cost to counties. There will be a presidential primary in April and under a new ruling from the
Federal court there will be a federal primary on June 26 for Congressional offices, and a
primary in September for state offices . Having a third primary will cost Tompkins County an
additional $35 , 000 . The Government Operations Committee has passed a resolution urging
the state legislature to combine the last two primaries or pay the cost of the third . They are
also concerned about the confusion it may cause and that it may suppress voter turnout.
Some counties arc working on a project called Return the Favor for veterans. It tries to
encourage local business to offer discounts to veterans with proof of service . Tompkins County
was approached by the VFW because counties around Tompkins have the project. County
Clerk, Aurora Valenti , is working on that with veterans organizations. They are working on a
method of producing photo ID card for those veterans who have filed discharge papers with
County Clerk's office . The card would entitle them to discounts from participating vendors.
There is no cost to veterans, and a low cost to county . They will do an outreach to businesses
to urge them to participate . The program is called FAVOR - Find and Assist Veterans of
Record .
A group of legislators met with Senator Seward today about county issues. They talked
about some of the county issues including Medicaid relief, cuts in youth development funding,
and the need for more state money for the hydrilla eradication project in Cayuga lake . DEC
has some money , but need more .
They also talked about amending the municipal cooperative insurance law to allow soil
• and water districts to join. They relayed what Supervisor Sumner had told them regarding the
Town of Dryden 's savings (over $43 ,000) with the consortium . M Lane would like to expand
the number of entities that can be part of the consortium, such as daycare centers . Senator
Seward has a bill in the works for including soil & water districts .
Page 9 of 114
•
-EH, 2- 16- 12
The need for tax legislation for gas drilling was also a topic . They delivered to Senator
Seward a paper from the TCCOG Gas Drilling Task Force on those taxation issues . He said we
40 need to be thinking about recovering the cost of regulation through a reasonable tax.
PLANNING DEPARTMENT
hope Sumner said the Conservation Board has developed rules and procedures to help
clarify their role and the responsibilities of the members of that board . The document has been
reviewed by the town attorney and the Town Board _ Supv Sumner said she believes it helps
the board function more effectively and hopes that other advisory boards to follow this lead .
RESOLUTION #56( 20112 ) - APPROVE CONSERVATION BOARD RULES Na PROCEDURES
dupe Sumner offered the following resolution and asked for its adoption:
RESOLVED , that this Town Board hereby approves the Conservation Board doles and
Procedures as presented and attached to these minutes.
2nd Cl Leifer
Roll Call Vote Cl broiled Yes
CI Solomon Yes
Supv Sumner Yes
el Leifer Yes
Cl Lavine Yes
dupe Sumner said she would like to accept the recommendation from the Conservation
Board to appoint Charles Smith as Chair .
41101 RESOLUTION #57 (2012) - APPOINT CONSERVATION BOARD CHAIR
Supv Sumner offered the following resolution and asked for its adoption :
dk tdVdD , that this Town Board hereby appoints Charles Smith ter scare as Chair of
the Conservation Board for 2012 .
" Cl Steliek
Roll Call Vote Cl Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
CI Leifer yes
CL Lavine Yes
Supv Sumner said she has a memo from a Conservation Board member indicating that
they wish to comment on the application for a gravel mine in the northern part of the town _
They intend to ask the DEC to provide a more complete hydrologic study _
RESOLUTION #558 (2012 ) - AUTHORIZE CONSERVATION BOARD TO COMMENT
ON GRAVEL MINE PERMIT AFPTICATION
dupe Sumner offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board hereby authorizes the Conservation .Board to provide
the IYS Department of Environmental Conservation with comments regarding the pending
application for a gravel mine permit on property in the northern part of the town .
^" Cl Solomon
Roll Call Vote Cl Stelled Yes
The 1i1 of I
7T3 2- t6- 12
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Unsafe Structure - Irish Settlement Rd - Supv Sumner explained that the beard had
a report from code enforcement regarding an unsafe structure on the Cook property . The
owner has not taken action to correct the situation . The process is for the board to adapt an
Order and schedule a puSSe hearing , After discussion , the Order was adopted ,
RESOLUTION 559 (20121 - ADOPT ORDER - COOK PROPERTY
Supv Sumner offered the following resolution and asked for its adoption :
RESOLED , that the fo] lo ing Order is hereby adopted:
In the Matter of the Unsafe Barn at or
about 114 Irish Settlement Road (Tax
ORDER
Parcel No. 47 . - 1 -3 . ) owned by Paul
Cook
411
BACKGROUND
The town board of the Town of Dryden adopted Local law ho . 2 of the year 1. 981 {A local
law providing for the repair or removal of unsafe buildings and collapsed structures} _
When a building is apparently unsafe or dangerous, the local law provides for an
inspection , report in writing and recommendation by a person appointed by the town board.
Upon receipt of the written report; the town board is to consider the report and
determine whether, ha its opinion , the report warrants that the building he safely repaired or
demolished and removed
The local law also provides for notice to the owner of the town board 's order and a
Bearing before the hoard in relation to the dangerous and unsafe building .
THE REPORT
PanOunlas
TB 2- 16- 12
The town board is in receipt of a written report from Kevin W , Full , a town Code
enforcement Officer with respect to the Paul Cook barn at 114 Irish Settlement Road (Tax
Parcel 47 . - 1 - 3 . 21 . A copy of the report is attached hereto and incorporated herein by reference .
The report recommends the removal of the collapsed sections of the barn and repair of
any remaining damaged structural members or foundation to make the building secure or in
the alternative that the entire structure he demolished -
FINDINGS
1 . The Paul Cook barn at 114 Irish Settlement Road is unsafe and dangerous in that
the west end section and northwest section have partially collapsed and are open
at the ends and them are large holes in the roof.
2 . The town cannot undertake to repair those sections of that are collapsed since it is
privately owned and subject to a security interest held by the United States of
America , acting through the Department of Agriculture , harm Service Agency .
3 . The owner has had ample opportunity to submit an application for a building
permit (at no fee) to repair the collapsed portions of the barn .
4 - The owner has neglected to take any steps to repair, remove or demolish the
collapsed sections of the barn for over eight {d ( months, despite having received a
written notice from the Code Enforcement Officer to he so .
5 - The west end section and northwest section to the barn should be removed , or
demolished if it can be done without significant injury to the rest of the barn or
expense , and if that cannot be accomplished the entire structure should be
demolished and removed _
P . If only the sections to the barn are demolished the rest of the barn shall be secured
so that it is not open to the elements or persons not authorised to enter the same .
DEMOLITION AND REMOVAL, ORDER
Upon the written report of Kevin W . Ezell dated January 1 , 2012 , and upon due
1 deliberation thereon , it is hereby ,
Pin 12 of 114
T4 2- 16- 12
ORDERED , that the west end section and the northwest section to the Paul Cook barn
40 at 114 Irish Settlement Road (Tax Parcel 47 . - 1 - 3 . 21 shall be demolished and removed in
accordance with all applicable laws, codes, rules and regulations, and it is further
ORDERED , that the demolition and removal shall commence within 30 days after
service of notice to that effect upon the owner and shall be completed within 60 days
thereafter, unless far good cause shows such time shall be extended , and it is further
ORDERED , that a hearing on the dangerous and unsafe structure , and this Order, shall
he held before the town board on March 15 , 2012 at 7 ; 30 p . m . prevailing time at the town hall,
93 East Main Street, Dryden , hew York 13053 , and it is further
ORDERED , that in the event the owner neglects or refuses to comply with this Order,
the town board is authorized to provide for such demolition and removal and to assess all
expenses in connection wherewith ophoot the real property on which such structure is located ,
and it is further
ORDERED , that a copy of this Order and the Notice required by such local law are to be
served upon the owner as provided in such local law.
MEMO : To Town Supervisor ek Board Members
Phb December 12 , 20 I I
RE: book Barn as an unsafe structure
This memo is as directed by Local Law 2 0E1981 , Section 4 . The building has part of the roof collapsing and areas
that have broken sections in the foundations. Pictures are attached for your convenience_
It is the opinion of this officer that the structure is a " unsafe building" in that there is open doorways making it m
object of attraction or vagrants and trespassers , it is also place of rodent infestation, and ids unfit for the purposes
for which it may be lawfully used_
The office has sent a Notice otVielation of the Property Maintenance Code efNew York State to the owner of
record_ Paul Cook, to repair of demolish the structure on July I 8, 201. 1 . Mr. Cook stopped in and pick up a
application for a building permit to repair the building. A letter was written to Paul Cook on May 9 , 201 1 to alert
the owner that this office was concerned with the conditions of the structure and asked for his plans for the structure ,
The only contact that we have had from the owner was the stopping by for the application for a building permit.
The recommendations that this office is making is to require part of structure collapsing to be demolished and the
remaining pert of the structure to be made secure for unauthorized entrance , The roof area and part of the section
that houses the cows should be removed in its entirety , it is believed that the rest of the structure can stil I be used
i I though repair and maintenance or the structure should be performed quickly to assure that the rest of the structure
does not follow the area of concern .
Five n. u e
To 2- 16- 12
Please do not hesitate to call if' you have any questions about this structure or if you need further information_ The
office is open between the hours of 8 :00 AM to 430 PM Monday- Friday. Appointments for before and after can be
made should that be necessary.
Kevin W . well
Code Enforcement Officer
Cc Dan Kwasnowski, Planning Director
Mahlon R Perkins, Town Attorney
Bambi Avery, Town Clerk
Paul Cook Owern
2T141 CI Solomon
Roll Cal ] Vote Cl Stel.ick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
CI Lavine Yes
Unsafe structure - Bone Plain Road - The board discussed whether it was possible
that boarding up the building would be sufficient. It has been posted against occupation for
more than a year. The front of the house is likely not salvageable _ The building is not
habitable and currently serves as storage and a place for rodents . Boarding up would allow the
owner to move some of their things . Final action can be determined at the public hearing. Cl
Lavine said she would like more moderate wording, or to board up instead of demolish . After
further discussion, it was decided to move ahead with the order as written .
i
RESOLUTION 060 12012) - ADOPT ORDER - ROSS PROPERTY
Supt Con offered the following resolution and asked for its adoption_
RESOLVED , that the following Order is hereby adopted ;
In the Matter of the Unsafe Dwelling at or
about APP Bone Plain Road (Tax Parcel
ORDER
No 13 _ - 1. - 25 . 1 ) owned by Ellen Ruth Ross
BACKGROUND
The town board of the Town of Dryden adopted Local Law Co , 2 of the year 2981 (A local
411 law providing for the repair or removal of unsafe buildings and collapsed structureeN _
When a building is apparently unsafe or dangerous , the local law provides for an
inspection, report in writing and recommendation by a person appointed by the town board .
Page I4atli4
TB 2- 1b- I2
4D Upon receipt of the written report the town board is to consider the report and
determine whether, in its opinion , the report warrants that the building be safely repaired or
demolished and removed .
The local law also provides for notice to the owner of the town board 's order and a
hearing before the board in relation to the dangerous and unsafe building.
THE REPORT
The town board is in receipt of a written report from David W. Sprout, a town Code
Enforcement Officer with respect: to the Ellen Ruth Ross dwelling at 473 hone Plain Road (Tan
Parcel 30 _ - 1 - 25 . 1 ) . A copy of the report is attached hereto and incorporated herein by reference .
The report recommends the demolition and removal of the structure .
FINDINGS
7 . The dwelling at 473 Bone Plain Road is unsafe and dangerous in that :
S
a, The coot is sagging because of structural deterioration;
b . The front exterior wall and framing have failed due to rot;
0. The large front window pane is out of its frame due to e rotted sill ;
di Other windows are broken and inoperable ;
e . Exits are blocked, leaving no safe , continuous and unobstructed path of
travel to the outside ;
f_ A side covered entrance is falling away from the main structure;
g. There is no water service to the structure due to leaks in the supply line;
h . Accordingly , there are no sanitary facilities in the structure .
d . The town sonnet undertake to repair the dwelling since it is privately owned .
9 . The structure has been Posted Against Occupancy since November 23 , 2010 .
10 . The owner has dad ample opportunity to cure the code deficiencies ,
410 11 . The owner has neglected to take any rnooningful steps to correct the code
deficiencies and to repair, remove or demolish the structure ,
12 . The structure should be demolished arid removed .
Page 15of114
TA 2- P6- L2
DEMOLITION AND REMOVAL ORDER
Upon the written report of David W . Sprout dated January 11 , 2012 , and upon due
deliberation thereon , it is hereby ,
ORDERED ,, that the dwelling at 473 Bone Plain Road (Tax Parcel 30 . - 1 -25r1 ) shall be
demolished and removed in accordance with all applicable laws, codes , rules and regulations ,
and it is further
ORDERED , that the demolition and removal shall commence within 30 days after
service of notice to that effect upon the owner and shall be completed within 60 days
thereafter , unless for good cause shows such time shall bh extended , and it is further
•
ORDERED , that a hearing on the dangerous and unsafe structure , and this Order , shall
be held before the town Rest-b on March 15 , 2012 at 7 :45 p . m , prevailing time at the town hall ,
93 East Main Street , Dryden, New Rork 13053 , and it is further
�I
ORDERED , that in the event the owner neglects or refuses to comply with this Order,
the town board is authorized to provide for such demolition and removal and to assess all
expenses in connection wherewith against the real property on which such structure is located ,
and it is further
ORDERED , that a copy of this Order and the Notice required by such local law are to be
served upon the owner as provided in such local law ,
MEMORANDUM
Na: town Board
Cc : Dan Kwasnomskl, Planning Director, Mahlon R Perkins, Town Attorney, Bambi Avery, Town Clerk,
Ellen Ross, Owner
Date: January 11, 2012
Location : 473 Bone Plain Road, Ellen Ross residence Parcel ID ft: 3Q -1-25. 1
Unsafe Building Law
• The Unsafe Building Law ( local law #2 of 1981 } directs the zoning enforcement officer to report to the
Town Board findings and recommendations regarding repair or demolition and removal of unsafe
buildings. In the matter of 473 Bone Plain Road, Tax Parcel # 30 . -1- 25 . 1, I present such findings and
reCOMMeedations .
Page I64, 1611d
•ru 2- i6- 12
The home and property at 473 Bone Plain Road, owned by Ms Ellen Ross, is unfit for the purpose for
411 which it may lawfully be used. The home is open at doorways and windows, making it accessible to , and
a potential object of attraction to minors, vagrants and other trespassers. The property may become a
place of rodent infestation, Exits are blocked, and there is no safe, continuous and unobstructed path of
travel to the public way .
Ms Ross has been issued numerous property maintenance violation notices regarding the large
accumulation of items in her yard . Ms. Rost' efforts to comply with property maintenance requirements
have been minimal , at best, and she has been sent to Town Court for her failure to comply with those
notices . Our efforts have always focused on Ms Ross' yard but her home has been in a steady decline for
a number of years .
In November of 2010, Ms _ Ross allowed we to enter her home for an inspection _ It was evident that the
home was unfit for human occupancy due to the excessive accumulation of items inside the home . To
gain entry to the main portion of the home it was necessary to climb over items. A narrow path between
piles of accumulation allowed limited access . A side , covered entrance, which appears to be falling away
from the main home , is so full of items that you can 't reach the door . A 600 sq ft addition is so full that,
looking in from its' exterior door, you cannot see any of the windows or the door to the original part of
the home . You cannot travel beyond the entryway . Due to a leak in the supply line from her well, Ms
Ross has been without water since sometime in 2010 ( if not earlier); the status of her septic system it
unknown . The furnace has been out of service for many years . There was a wood stove but that was
removed or disconnected .
i On November 22 , 2010, citing Sections 107 and 702 of NY State's Property Maintenance Code, the home
was posted against occupancy. Section 107 , 193 identifies a structure as unfit for human occupancy
whenever such structure is " unsafe, unlawful or, because of the degree to which the structure is in
disrepair or lacks maintenance, is unsanitary, vermin or rat infested , contains filth and contamination, or
lacks ventilation, illumination, sanitary or heating facilities or other essential equipment as required by
this code" . Section 702 , 1 requires that a safe, continuous and unobstructed path of travel be provided
from any point in a building or structure to the public way,
Our primary goal in issuing notices of violation to Ms Ross had not been to punish Ms hors, but to
compel her to clean up her property_ I had hoped that by posting the property against occupancy Ms
Ross would be incentivized to bring her property into compliance with property maintenance
requirements . That has not been the case .
I have told Ms Ross that her home needs to be cleaned out and we need to assess the home' s condition
before we can rescind the 'Posted Against Occupancy' order, but the buildings' decline appears to have
accelerated = the guy wires supporting the electrical service mast have pulled out of the roof, the roof is
sagging and there is clear evidence along the eaves of extensive deterioration, the front exterior wall is
rotted at grade and it appears the framing members are rotted as well . The lame front window pane has
popped out of the frame and the sills are rotted, Other windows are broken and inoperable ,
it is my opinion that Ms Ross ' home is in such a state of disrepair, that it is too late for repair and that
demolition or partial demolition may be necessary. In the mean time, the home should be boarded up,
the electrical service should be disconnected, and the property cleared of the junk and rubbish .
• Respectfully submitted,
David W . Sprout
Code Enforcement Officer
rage 11 .7 01 114
TR 2- I6- L2
•
2 " el Leifer
Roll Call Vote CI Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Gl Lavine Yes
ENGINEERING
Yellow Barn Road Water District - The board discussed the Map , Plan and Report
prepared by TO Miller Engineers for the establishment of the Yellow Barn Road Water District
and the benefit formula to be used . It can be adopted as is and the formula changed in the
future during the budget process , An information meeting will be held with the property
owners on March 1 , 2012 . Atty Perkins explained the process is to declare lead agency status
and notify the other involved agencies by sending them a notice and a copy of the Map , Finn
and Report telling them they have 30 days to object to the town 's lead agency status . When the
Sy days is up and the town is confirmed as the lead agency , the board can do the &EOM review
and adopt the order calling a public hearing.
The board reviewed Sart I of the EAF.
RESOLUTION REP (REPS) - ACCEPT IEEE, PLAN N NEPOR't FOR YELLOW BARN
ROAD WATER DISTRICT E DECLARE LEAD AGENCY STATUS
Rape Sumner offered the following resolution and asked for its adoption ;
RESOLVED , that this Town Board hereby accepts the Map, Plan and Report for the
Yellow Barn Road Water District prepared by TM Miller Engineers, finds it complete, and
declares itself lead agency in the matter.
2n" CI Solomon
Roll Gall Vote GI Stelick Yes
CI Solomon Yes
upe Sumner Yes
CI Leifer Yes
Cl Lavine Yes
The public information meeting will be held for property owners on March 1 , 2012 , and
the board hopes to hold a public hearing at the April meeting.
ATTORNEY
Atty Perkins said he is working on the proposed subdivision law , has spoken m D
dwasnowsid and will they will meet next week to clarify some things. It will then go back to the
Planning Board and likely won 't he ready to introduce in March . He said a lot of the things
that am proposed are in violation of Town Law and have to come out . There are procedural
aspects that most be clear. They have added some things and set forth standards , but don 't
have a lot of reason to change state procedure because it is very specific about when something
is deemed complete, when hearings must be held , coordination with SEQR and other things .
Re said there is no reason to fool with that procedure .
5upv Sumner asked if they could proceed with the zoning law and Atty Perkins said he
thinks they should be done at the same time. He spoke with I} Rwasnoc+ ski tonight about the
mining aspect of the proposed zoning law and said he thinks u-e need to clarify in a couple of
places the procedural aspects of that _
LOre ] t of 114
TB 2 - 16- 12
Supv Sumner said it is a big ordinance and to keep holding the whole thing up for one
more thing feels like it will never get cone _ Atty Perkins said the board has had it for months.
41 A public hearing was held on the law, and the board has had the proposed amendment to the
zoning ordinance for months, it doesn 't seem like another month will make that much
difference to get it right._
D Knn-asnawski said the mining issue in the Zoning Ordinance could be done with the
borne amendments . The subdivision An will require some major policy decision . He will meet
with the Planning Board next Thursday, and it could still be introduced in Morelli, If the
Zoning Ordinance and subdivision law could be done at the some time , they probably should,
but it would be a lot to review_
UNFINISHED BUSINESS
Supv Sumner said the is ready to introduce the zoning amendment and set a public
hearing for March _ The subdivision law can be introduced next month and the public hearing
scheduled for April . B Schickel said the subdivision law is complicated and comprehensive and
will not be easy to review . The public needs time to review it . All of the difficult parts of the
zoning proposal were moved to the subdivision law. Those two documents need to be done
together_ &ivy Sumner said there 's a lot the zoning ordinance doesn 't have anything to do
with subdivision, so she'd like to introduce that .
hl Ste lick said he would like to be the zoning amendment and subdivision law together.
hl Solomon said if they introduce it, they don 't have to take action before the
subdivision law is on the table .
Resolution No. 62 (2012)
RESOLUTION PROPOSING THE REPEAL OF PART OF TUU TOWN OF DRYDEN zoNffic
ORDINANCE EXCEPT FOR CERTAIN 24119 AND 201. 1 AMENDMENTS AND CLARIFYING
'1111E LYI'E1iPLAY OF THE UNREPEALED SECTIONS OF SUCH ORDINANCE AND
PROPOSED AMENDMENTS TO THE TOWN OF DRYDEN ZONING ORDINANCE.
hops Sumner offered the following resolution and asked for its adoption :
WI•I.FRBAS , the Tows Board adopted certain amendments to the Town of Dryden Zoning
Ordinance on August 3 , 201 I. , which amendments became effective August 19, Pb 11 , and
WHEREAS, such amendments added definitions to Appendix A of such Ordinance pertaining to
natural per andfor petroleum exploration and extraction and added a new section, 2104 : prohibited Uses,
which section clarified the Zoning Ordinance ' s prohibition of the use of land in the town for natural was
and/or petroleum exploration and extraction, and
WHEREAS, as a result of such amendments the town is the subject of a lawsuit which seeks to
declare such amendments invalid, and
WHEREAS, the town has been in the process of revising its zoning regulations and has held a
public hearing on e proposed local law which would establish revised zoning regulations and incorporate
the substance of such amendments, and
WHEREAS, it is now delermined to be desirable to adopt As previously proposed local law
• provisions as amendinests to As existing zoning ordinance in order to preserve such amendments in the
form they wore originally adopted in August 2011 , now therefore;
BE lb RESOLED as follows:
Page I9of114
TB 2- 16- 12
1 _ The Zoning Ordinance, Town of Dryden , Tompkins County, New York, originally
adopted in 1969, as amended from time to time, is hereby further amended as follows '
ARTICLES I , II , III , 1V, V. VI, VII, V11 -A, VIII , ! X , X , X.II , XIII , XIV , XV , X 1 , XVII ,
XVIII., XIX, XX , XXII , X,XI]] and XXIV are hereby repealed .
2 . Appendix A of such Zoning Ordinance as originally adopted in 1969, as amended from
time to time, is hereby further amended by deleting therefrom all the definidons except
for "Commercial Development Design Guideline, " Residential " Design Guidelines" and
those definitions adopted August 3 , 2011 , effective August 19, 2011 pertaining to
`'Natural Gas, " "Natural Gas and/or .Petroleum Exploration," " Natural Gas and/or
Petroleum Exploration and Production Materials," "Natural Gas Exploration and/or
Petroleum Production Wastes," "Natural Gas and/or Petroleum Extraction ," and "Natural
Gas and/or Petroleum Support Activities," which definitions are hereby incorporated into
a new ARTICLE TI1 as hereinafter provided .
3 . ARTICLE XX1 of such Zoning Ordinance as originally adopted in 1959, as amended
from time to time is hereby amended by repealing Sections 2100 — Interpretation , 210 [ —
Validity, 2101 — Repealer (apparently misnumbered ) and 2103 - Effective Date, leaving
only Section 2104 — 'Prohibited. Uses, which was adopted August 3 , MI I , effective
August 19, 201 1 , and which is hereby re-numbered to be Section 502 : Prohibited Uses,
4. There is hereby adopted the following amendment to such Zoning Ordinance , which in its
entirety with the aforesaid amendments in Sections I , 2 and 3 above shall read as follows :
S
Page 20 / 114
TB 2- I6- ] 2
TOWN OF DIRYDEN
ZONING ORDIINANCE
ARTICLE I : TITLE
This Ordinance should be referred to as the Town of Dryden Zoning Ordinance.
This Ordinance may also be referred to as the Zoning Ordinance, or sometimes this Ordinance .
ARTICLE II : GENERAL PROVISIONS
Section 200: Purpose
'The purpose of the Ordinance is: to promote the health, safety and general welfare of the
community ; to conserve land and natural resources and, under and pursuant to the laws of the
State of New York, to establish zones wherein regulations concerning the use of land and
Structures, the density of development, the size of yards, the percentage of a lot that may be
occupied, and provisions for parking and coon! of signs are set forth so as to encourage the
appropriate development of the town and the preservation of the rural character of the
community in accordance with the Town ' s 2005 Comprehensive Plan .
Section 201. ; Precedence of More Restrictive Standards
The provisions of this Ordinance are in addition to provisions set forth in other Town of Dryden
laws or regulations , as well as any other lawfully adopted laws, rules. regulations or ordinances,
including but not limited to those of the state of New Fork, the 'federal government and
Tompkins County Health Department_ Wherever the requirements of this Ordinance are at
variance with the requirements of other Town of Dryden laws or regulations, and other lawfully
adopted laws, mice, regulations or ordinances, the more restrictive or those imposing the higher
standards shall govern _
ARTICLE III; DEFINITIONS
Except where specifically defined herein , all words used in this Ordinance shall c• rrry their
customary meaning_ Words used in the present tense include the future, and the plural includes
the singular; the word " Lot " includes the word "plot, " the word "Building " includes the word
" Structure, " the word " shall " is intended to be mandatory; "occupied " or "used" shall be
considered as though followed by the words "or intended , arranged or designed to be used or
occupied . "
fagc21of114
TB 2- 16. 12
Certain specific words and terms used in this Ordinance and generally capitalized are to he
interpreted as defined below. The failure to capitalize a word or term in this Ordinance shall not
be construed that such word or term should have a meaning different from that defined herein ,
Abandon — To give up with the intent of never again claiming one's right or interests in; to give
over or surrender completely.
Adult Bookstore — An establishment having as a substantial or significant portion of its stock in
trade in books, magazines, and other periodicals which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to Specified Sexual Activities and/or
Specified Anatomical Maas , or an establishment with a segment or section devoted to the sale or
display of such material _
Adult Entertainment Business — A public establishment, location, or Structure which features
topless dancers, nude dancers or strippers, male or female, or a location, or Structure used for
presenting, lending or selling motion picture films, video cassettes, digital media, cable
television, or any other such visual media, or used for presenting, lending, or selling books,
magazines, publications, photographs, or any other written materials distinguished or
characterized by an emphasis on matter depicting, describing or relating to Specified Sexual
Activities and/or Specified Anatomical Areas . An Adult Entertainment Business includes an
Adult Bookstore,
Adult Use — The use of land, or e Structure for an "Adult Entertainment Business" or an " Adult
Bookstore , "
Agricultural Use - See Farm Operation.
Agriculture-Related Enterprise — A retail or wholesale enterprise providing services or
products utilized in agricultural production, such as Structures, agricultural equipment and
agricultural equipment parts, livestock, feed , seed, fertilizer and agricultural equipment repairs
and wholesale or retail sale of grain , fruit, produce, trees, shrubs, flowers or other products of
local agricultural operations,
Appeal — An application to the Zoning Board of Appeals (ABA ) for relief from and review of
any order, requirement, decision, interpretation, or determination made by the administrative
o teial charged with the enforcement of the Zoning Ordinance.
Artist Studio/Craft Workshop — A place where artists, artisans, craftsmen and other skilled
tradespeople produce custom-made art or craft products, where they teach such skills , and/or
where they sell sued art or products .
Automotive Repair garage — Any Structure and/or lot used for the repair and/or sewteteg of
• motor vehicles, or for motor vehicle body work, structural repair or painting.
Page22o1. 119
•rR 246- 12
Automotive Saks — Any Lot or Structure used for sales, rental, or leasing of new or used cars,
trucks , motorcycles, boats or other motorized vehicles including tractors or construction
vehicles .
Automotive Salvage/Junk Yard — A Lot or Structure and any place of storage or deposit,
whether in connection with another business or not, where two or more unregistered , old, or
secondhand motor vehicles, no longer intended or in condition for legal use on the public
highways , are held, whether for the purpose of resale of used parts therefrom , for the purpose of
reclaiming for use some or Al of the materials therein , whether metal , glass , fabric or otherwise ,
for the purpose of disposing of the same or for any other purpose ; such term shall include any
place of storage or deposit for any such purposes of used parts or waste materials from motor
vehicles which , taken together, equal in bulk two or more such vehicles provided, however, the
term junk yard shall not be construed to mean an establishment having facilities for processing
iron, steel or nonferrous scrap and whose principal produce is scrap iron, steel or nonferrous
scrap for sale for remelting purposes only.
Automotive 'Towing Senniee ,- In establishment that provides for the transport of a motor
vehicle by towing, carrying, hauling or pushing from public or private property , and which may
provide for the temporary storage of motor vehicles . This definition shall not include an
Automotive Repair Garage with a tow truck(s) which repairs vehicles on -site, nor shall this use
be construed as a Junk Yard ,
Bed -and-Breakfast Establishment — Dwelling having a resident host in a private single-
'
family home with common dining and leisure rooms and lodging rooms for overnight
accommodations, the rates for which include breakfast and lodging only, and in which no public
restaurant is maintained and no other commercial rrm'tces are offered . The Bed-and -Breakfast
Establishment shell have not more than ten ( 10) occupants as lodgers in at least three (3 ) and not
more than five (5 ) rooms. The period of accommodation shall be of a clearly temporary nature .
Such use shall not be construed as a Boarding I-Iouse,
Bed-and-Breakfast Home — A Dwelling having a resident host in the primary Dwelling of a
private single- family or tsuo-family home in which at least one ( 1 ) and not mom than two ( )
rooms are provided for overnight accommodations, the rates for which include breakfast and
lodging only, and in which no public restaurant is maintained . The Bed-mad-Breakfast Home
shall not have more than four 4) occupants as lodgers, The period of accommodation shall be of
a clearly temporary nature_ Such use shall not be construed as a Boarding House .
Billboard — See Sign - Outdoor Advertising Billboard.
Boarding House — Any Dwelling in which more than three (3) persons, either individually or as
farnilics , are housed or lodged for hire with or without meals . A rooming house or a furnished
rooming house shall be deemed a Boarding House.
• Buffer Strip - A row of densely planted shrubs and trees with low branches intended to reduce
noise and screen out objectionable views_
Pzigc23otlld
TB 2- 16- 12
Building - Any Structure where space, greater than 150 square feet in arcs, is covered or
enclosed (See Structure) . The preferred terns is Structure .
Building, Accessory - A subordinate Structure, the use of which is customarily incidental to that
of the Principal Building, and located on the same Lot as the Principal Building .
Building Height — The vertical distance from finished grade to the highest point of a flat roof or
the midpoint of a pitched such On a hillside lot, finished grade should be considered m the
average finished grade on the uphill side of a Structure .
Building .Bine — The line formed by the intersection of a vertical plane that coincides with the
most projected surface of the Structure_
Building Permit — A building permit issued by the town based upon plans that comply with all
applicable codes , statutes, laws, mks, regulations and necessary approvals.
Cabin or Cottage — A Structure designed for seasonal occupancy and not suitable for gem-
round living .
Campground — An area to be used for transient occupancy by camping in tents , camp trailers,
tread trailers, motor homes, or similar movable or temporary sleeping quarters of any kind . This
use shall not be construed as a .Retreat or Conference Center_
Car Wash — A Structure or portion, thereof used exclusively for the business of washing,
cleaning and waxing motor vehicles,
Cemetery — Land used or intended to be used primarily for the burial of the dead and dedicated
in cemetery purposes,
Commercial Development Design Guidelines - the Town of Dryden Commercial
Development Design guidelines adopted dated December 3 , 2008 and adopted as an amendment
to the Zoning Ordinance. These guidelines are now found in Appendix C , and are hereby made a
part of this Ordinance by reference to such Appendix .
Commercial Horse Boarding Operation -. an agricultural enterprise, consisting of at least
seven (7) acres and boarding at least ten ( 10) horses, regardless of ownership, that receives ten
thousand dollars ($ 10,000 . 00) or more in gross receipts annually from frees generated either
through the boarding of horses or through the production for sale of crops, livestock, and
livestock products, or through both such boarding and such production. Under no circumstances
shall this definition be construed to include operations whose primary on site function is horse
racing .
I'agt 24 of 114
TB 2- 16- ] 2
11 Congregate Care Facility - A facility providing residential care and services in community
integrated settings for persons who may require assistance with daily activities. Such services
may include twenty- four-hour supervision , room and board, housekeeping, case management,
recreation programs , medication management and , where necessary, provision or arrangement
for the provision of enhanced professional services such as medical , nursing, physical therapy
and other persona] care services . Congregate care facilities include assisted living programs and
adult care facilities run in accordance with New York State requirements_
Contractor' s Yard Any space, whether inside or outside a Building, used for the storage or
keeping of operable construction equipment, machinery or vehicles or parts thereof which me
used by a construction contractor, A building trade or construction contractor is defined as but
not limited to carpenters, electricians, masons, site work contractors , plumbers ; heating,
ventilating, mid air conditioning (HVAC ) technicians, general contractors , etc .
}ay Yam Center, Child - A facility which is not a Dwelling Unit in which care is provided an
a regular basis to three (3 ) or more children [See 18 AYRR § 41 , (g)] .
Day Cam Home, Family - A Dwelling Unit which is a personal residence and occupied as a
family residence which provides daycare to three (3 ) to six ( ) children [See 18 AYCRR
4 13 . (i)] ,
Day Care Homes, Group Flintily - A Dwelling Unit which is a personal residence and
occupied as a family residence which provides day care on a regular basis for seven (7) to twelve
( 1 ) children [See 18 AYCR § 413 . 204
Dwelling - A house , apartment, or other place of residence .
Dwelling, Accessory Unit - A secondary Dwelling Unit which is accessory to a Single -Family
Dwelling, for use as a complete, independent living facility with provisions within the accessory
unit for cooking, eating, sanitation, and sleeping. An Accessory Dwelling unit may also be
located in an accessory Structure to the principal Single-Family Dwelling, such m a detached
garage, provided that the accessory Structure is clearly an accessory use to the Single-Family
Dwelling, An Accessory Dwelling Unit shall not be con:ldeed with a Two-Family Dwelling.
Dwelling, Multi-Family - A Dwelling with separate living units for three or mom families
having separate or joint entrances and including apartments. group Moines, townhouses, cottage
homes and condominiums, also a group of Dwellings on one Int with each Dwelling containing
separate living units for three or more families having separate or joint entrances and including
apartments, group homes, townhouses, cottage homes and condominiums .
• Dwelling, Single-Family - A detached Structure (not including a mobile home) that is designed
or used exclusively as living quarters for one ( I ) t�anuly+ ,
Pagc 25of1Is
Til 2- 16- 12
• Dwelling, Townhouse — A Series Building of three (3) or more attached Dwelling Units, each of
which shares at least one common wall with an adjacent Dwelling Unit. For the purposes of this
Ordinance, except where specifically stated otherwise herein, a Townhouse Dwelling shall be
construed as a form of Multi -Family Dwelling .
Dwelling, Two-Family — A detached Dwelling containing no more than two Dwelling Units for
the use and occupation by no more than two (2) families .
Dwelling, Upper-Floor Apartment(s) — One or more Dwelling Units that are located above a
commercial use .
Dwelling Unit, d.u . — A group of rooms which are designed for residential occupancy by a
single family and providing housekeeping facilities for such family. in determining the number
of Dwelling Units within a Structure, consideration is given to the separate use of or the
provision made for cooking, heating and sanitary facilities whether installed or not ; both the
actual use to which the Dwelling is being put and the potential use to which the Dwelling might
be put.
Educational Use — Use of land where learning in a general range of subjects is provided,
• including related support and accessory uses, associated with the educational purposes of the
institution . The definition includes institutions that provide cultural education, such as museums
or galleries.
Elder Cottage — A separate, detached , temporary Single - Family Dwelling, accessory to a
Single- or Two-Family Dwelling on a lot; and occupied by no more than two residents, one of
whom must be 55 years of age or older.
Family — An individual , or two or more persons related by blood, marriage or adoption,
occupying a Dwelling Unit and living as a single household . For purposes of this Ordinance, a
family may also consist of not more than four unrelated individuals occupying a Dwelling Unit
and living as a single household . The two definitions cannot be combined .
Farm Operation — The land and on-farm buildings, equipment, manure processing and handling
facilities, and practices which contribute to the production, preparation and marketing of crops,
livestock and livestock products as a commercial enterprise, including a Commercial Horse
Boarding Operation, a Timber Operation and "compost, mulch or other biomass crops" as
defined in the New York Agriculture and Markets Law. Such farm operation may consist of one -
or more parcels of owned or rented land , which parcels may be contiguous or noncontiguous to
each other.
• Farm Stand — A seasonal or temporary stand for the sale and display of farm products.
Page26ofll4
TR 2- 1642
Frontage — The linear measurement in feet of that part of a T.ot coincident with a Public
Highway measured at the edge of the Public Highway. A corner lot shall he considered to have
frontages on both Public Highways _
Gasoline Station — A Lot, including Structures thereon or parts thereof, other than an
Automotive Repair Garage, that is used for the sale of motor fuels dispensed from pumps and
motor vehicle accessories and supplies . Permitted accessory uses may include facilities for
lubricating, washing or other minor serw' icing of motor vehicles andlor the retail sale of
convenience items, including but not limited to snacks and beverages, provided such accessory
uses are located indoors_ Motor vehicle body wort , major structural repair or painting by any
means are not to be considered permitted accessory uses ,
Highway — See Public Highway .
.Home Occupation : Level 1 — A business conducted entirely within a Dwelling and carried on
by the inhabitants thereof; which use is clearly incidental and secondary to the use of the
Dwelling for residential purposes, and which use does not change the character thereof; and
which business does not involve the employment of wore than one person at the Dwelling on a
daily basis, The business may employ others who do not report to the Dwelling on a daily basis .
There shall be no exterior evidence of such home occupation, except for a sign in accordance
with Section 903 (0) (3)(c) .
Rome Occupation : Level — A business conducted on a residential ial property and darned on by
the inhabitants thereof; which use is clearly incidental and secondary to the use of the Dwelling
for residential purposes , and which use does not change the character thereof. A Level 2 I•iome
Occupation may employ up to three (3 ) persons who report to the Dwelling on a daily basis . The
business may have more employees who do not report to the .Dwelling on a daily basis .
Hotel — A facility offering transient lodging accommodations for a daily rate to the general
public . A Hotel may provide additional services, such as restaurants, weeded rooms and
recreation facilities_ The period of accommodation shall be of a clearly temporary nature. Such
use shall not be construed as a Boarding House.
Industry-Hight — A manufacturing or maintenance operation conducted wholly within one or
more Structures where any process is used to alter the nature , size or shape of articles or raw
materials or where articles are assembled and where said goods or services are consumed or used
at another location . The exterior appearance of the Structures shall resemble vice Buildings
and the impacts of the use (noise, fumes , and vibrations) shall not exceed those typically
associated with an office use.
Industry-Mannfactnring — Establishments engaged in the mechanical or chemical
transformation of materials or substances into new products, including the assembly of
component parts, the creation of products, and the blending of materials such as oils, resins or
Page 27 of 114
TB 2- 16- 12
liquors. These Industry-Manufacturing uses have greater impacts than light industry uses in
terms of noise , fumes, and vibrations .
inn - A commercial facility, resembling in character traditional residential construction,
providing lodging and meals which is characterized by common dining facilities and a common
leisure room available for use by lodgers and the general public . The period of accommodation
shall be of a clearly temporary nature . Such use shall not be construed as a Boarding House.
Invasive Species - Non-native plant species on the list of invasive plants compiled by F. Robert
Wesley, April 1998 which includes the common name, species name and family . This list is now
found in Appendix D, and is hereby made a part of this Ordinance by reference to such
Appendix .
Junk Yard - Any place of storage or deposit, whether in connection with another business or
not, where two or more unregistered , old, or secondhand motor vehicles, no longer intended or in
conditioin for legal use on the Public Highways , are held, whether for the purpose of resale of
used parts therefrom, for the purpose of reclaiming for use some or all of the materials therein,
whether metal , glass, fabric or otherwise, for the purpose of disposing of the same or for any
other purpose ; such term shall include any place of storage or deposit for any such purposes of
used parts or waste materials from motor vehicles which, taken together, equal in bulk two or
more such vehicles provided, however, the term Junk Yard shall not be construed to mean an
establishment having facilities for processing iron , steel or nonferrous scrap and whose principal
produce is scrap iron, steel or nonferrous scrap for sale for remelting purposes only .
Kennel - Any commercial establishment where four or more dogs, cats, or other animals over
three months of age are kept, raised , sold, boarded, bred , shown, treated, or groomed .
Library - A public institution with a Structure containing printed, pictorial , and audiovisual
material for public use for purposes of study and reference .
Loading Berth - A dedicated area for the receipt or distribution of materials or merchandise by
motor vehicles, including space for their standing, loading and unloading.
Lodge or Club - A membership organization that holds regular meetings and may, subject to
other regulations controlling such uses, maintain dining facilities, serve alcohol , or engage in
professional entertainment for the enjoyment of dues paying members and their guests , as well as
programs for the general public, such as retreats and recreational , educational, cultural, health,
and public interest related programs.
Lot - An area of land having defined boundaries held in separate ownership from adjacent
property and which in all respects complies with the requirements of the district in which it is
situate .
•
Page 28 of 114
TR 2- 16- 12
Lot Area - An area of land the size of which is determined by the limits of the Lot lines
bounding said area and is usually expressed in terms of square feet or acres.
Lot Coverage — A measure of intensity of land use (usually represented as a percentage of the
Lot Area) that represents the portion of a Lot that is impervious 0,e, , does not absorb water) .
This percentage includes but is not limited to all areas covered by Structures, driveways, roads,
sidewalks, parking areas, and any other impervious area.
Lot Depth — The mean horizontal distance between the front and rear Lot lines measured in the
general direction or the side lot lines . For the purposes of these definitions and the provisions of
this Ordinance , Lot Depth and Setback Lines shall be measured from the title line of dedicated,
platted or deeded Public Highways and from the user line for highways by use .
Lot Width — The horizontal distance between the side Lot lines taken at the front Yard line or
Principal Building Line and measured along a line which is at right angles to the Lot Depth.
Lot of Record — Any lot with an area, width or other dimension which is less than prescribed for
a lot in the district in which such lot is situated if such lot is (i) under one ownership of record
since the effective date of the original Town of Dryden Zoning Ordinance, or ( ii) under one
ownership of record since the time of any amendment to the original Town of Dryden Zoning
Ordinance which amendment changed the area, width or other dimension requirements with
respect to lots in such district and which lot, except for. such amendment, would have been in all
respects in conformance with the requirements of such eLbLtal Zoning Ordinruloe, or (iii) any lot
shown on an approved subdivision plat fled with the Tompkins County Clerk and not combined
with any other lot or pared for the purposes of real property assessment at any time following
such filing.
Manufactured Home - A structure, transportable in one or mom sections, which, in the
traveling Triode , is eight body feet or more in width or forty body feet or mom in length, or, when
erected on site , is three hundred twenty or more squme feet, and which is built on a permanent
chassis and designed to be used as a Dwelling with or without a permanent foundation when
connected to the required utilities, and includes the plumbing, heating, air-conditioning, and
electrical systems contained therein. The term shall include any Structure that meets all of the
requirements of this definition except the size requirements and with respect to which the
manufacturer voluntarily files a certification requierd by the United States secretary of housing
arid urban development and complies with the standards established under Title 42 of the United
States code; and except that such term shall not include any self-propei led recreational vehicle .
Manufactured Hone Park - A parcel of land under single ownership, which is improved for
the placement of Manufactured Hones for non-transient use and which is offered to the public
for the placement of five (S ) or more Manufactured Homes ,
I
Page 29 of 114
1B 2- 16- 12
• Mining - The excavation and sale of topsoil , sand, gravel , clay or other natural solid mineral or
vegetable deposit, or the quarrying of any kind of rock formation .
Mining Subject to State Jurisdiction - An operation which results in the mining or proposed
mining from each use of more than one thousand ( 1 ,000) tons or seven hundred-fifty (750) cubic
yards, whichever is less, of minerals from the earth within twelve ( 12) successive calendar
months, or an operation which results in the mining or proposed mining of over one hundred
( 100) cubic yards of minerals from or adjacent to any body of water not subject to the
jurisdiction of the New York State Environmental Conservation Law or the Public Lands Law.
Mining not Subject to State Jurisdiction - All mining which is not defined as Mining Subject
to State Jurisdiction.
Mobile Home - A moveable or portable unit designed and constructed to be towed on its own
chassis, comprised of frame and wheels, connected to utilities, and designed and constructed
without a permanent foundation for year-round living. A unit may contain parts that may be
folded, collapsed or telescoped when being towed and expanded later to provide additional cubic
capacity as well as two or more separately towable components for repeated towing. Mobile
Home shall mean units designed to be used exclusively for residential purposes, excluding travel
trailers.
® Motel - See Hotel.
Municipal Facilities - Highways, water and/or sewer facilities or other public services or
facilities that are directly or indirectly provided and maintained by a municipality.
Municipal Use - For the purposes of the use restrictions of this Ordinance means the use of
land , building, or Structures owned by the Town of Dryden or other municipal corporations or
governmental bodies.
Natural Gas - Any gaseous substance, either combustible or noncombustible , which is produced
in a natural state from the earth and which maintains a gaseous or rarified state at standard
temperature and pressure conditions, and/or gaseous components or vapors occurring in or
derived from petroleum or other hydrocarbons .
Natural Gas and/or Petroleum Exploration - Geologic or geophysical activities related to the
search for natural gas, petroleum or other subsurface hydrocarbons including prospecting,
geophysical and geologic seismic surveying and sampling techniques, which include but are not
limited to core or rotary drilling or making an excavation in the search and evaluation of natural
gas, petroleum , or other subsurface hydrocarbon deposits .
Natural Gas and/or Petroleum Exploration and Production Materials - Any solid, semi -
• solid, liquid , semi - liquid or gaseous material used in the exploration or extraction of natural gas .
Page 30 of 114
TH 216- 12
Natural Gas Exploration and/or Petroleum Production Wastes — Any garbage, refuse,
cuttings, sludge, flow-back fluids, produced waters or other discarded materials, including solid,
liquid, semi -solid , or contained gaseous material that results from or is associated with the
exploration, drilling or extraction of natural gas and/or petroleum .
Natural Gas and/or Petroleum Extraction — The digging or drilling of a well for the purposes
of exploring for, developing or producing natural gas, petroleum or other subsurface
hydrocarbons .
Natural Gas and/or Petroleum Support Activities — The construction, use, or maintenance of
a storage or staging yard , a water or fluid injection station, a water or fluid gathering station, a
natural gas or petroleum storage facility, or a natural gas or petroleum gathering line, venting
station, or compressor associated with the exploration or extraction of natural gas or petroleum .
Nonconforming Use — A Structure or use of land existing on the date of enactment of the
original Town of Dryden Ordinance which does not comply with the allowed use regulations of
the zone in which said Structure or use is located or which, except for any amendment to the
Zoning Ordinance, was a Structure or use of land immediately prior to the effective date of such
amendment which complied with the allowed use regulations of the zone in which said Structure
or use is located .
Nursery/Greenhouse, Retail — A retail establishment for the growth, display, and/or sale of
plants, shrubs, trees, and materials used in indoor or outdoor planting, conducted within or
without an enclosed Structure .
Office Building — Any Structure in which space is rented and persons employed in or who
conduct the management or direction of an agency, business, organization, profession , or public
administration , but excluding such uses as retail sale, manufacture, assembly or storage of goods,
or places of assembly and amusement .
Open Space — The area of a development not occupied by Structures or Paved areas for vehicles
and including formal stormwater management facilities (no more than 20% of total Lot Area) as
well as green infrastructure stormwater facilities (open space set aside, swales and 60% of the
area of a green roof if not accessible by or visible to the public), and including parks, dedicated
open space, landscaped areas (plantings, lawns, parking lot islands), and including sdewalks or
trails used to access these areas, including Accessory Structures accessible to the public and
intended to enhance the Open Space .
Outdoor Storage — Commercial and industrial storage outside the confines of an enclosed
Structure of any equipment or materials in usable condition which are not being specifically
displayed as merchandise or offered for sale . Outdoor Storage shall not be construed as a Junk
• Yard, Contractor' s Yard or Self-Storage.
Page 31 of 114
TEl 2- 16- 12
Parking Space - An off-street space available for parking one vehicle and which dimensions are
9 feet wide and 20 feet long, not including maneuvering area and access drives, but with Board
approval in Site Plan Review or Special Use Permit review may be approved to be modified to
target specific vehicles such as compact cars and motorcycles.
Paved - A smooth, hard, dense surface, which is durable and well -drained under normal use and
weather conditions.
Planned Unit Development - An area of land intended to provide for a variety of land uses
planned and developed in a manner which will provide a community design that preserves
critical environmental resources, provides above-average Open Space amenities, incorporates
creative design in the layout of Structures, Open Space and circulation of vehicles and
pedestrians ; assures compatibility with surrounding land uses and neighborhood character; and
provides efficiency in the layout of Highways, public utilities, and other Municipal Facilities.
Planning Board - The Town of Dryden Planning Board .
Professional Office - A Structure used for the organizational or administrative aspects of a trade
or profession or used in the conduct of a business and not involving the manufacture, storage,
display, or direct retail sales of goods, characterized by low traffic and pedestrian volumes, lack
of distracting, irritating, or sustained noise, and low density of building developments . This
• definition may include, but is not limited to , the offices of: accountants, appraisers, architects,
planners, engineers, financial planners, insurance brokers or adjusters, landscape architects,
lawyers, consultants, secretarial agencies, bonding agencies, real estate , mortgage or title
agencies, investment agencies, and persons with similar occupations.
Public Highway - A road or street, either deeded or by perscriptive easement, that is maintained
by a, village, town , county, state or the federal government.
Public Safety Use - Voluntary or professional individuals or entities providing
municipal/governmental services providing for the health, safety, and general welfare of the
public; including, but not limited to , fire, emergency, medical, and police services .
Public Sewer and/or Water Facilities - A sewage disposal system or water supply and
distribution system operated by a municipality ; a sewage disposal system or water supply and
distribution system authorized for public use, whether for a residential subdivision, or for
commercial , industrial or manufacturing Buildings, and approved by the New York State and/or
Tompkins County Departments of Health, the Department of Environmental Conservation , and
any other governmental agency having jurisdiction thereof
Public Utility - Infrastructure and services that supply an everyday necessity to the public at
large, such as Public Water and/or Public Sewer Facilities, electricity, natural gas, and
Page 32of114
TB 2- 16- 12
• telecommunications. A Public Utility may be owned and operated by a municipality or a private
entity, or a combination thereof
Recreation , Active - Recreation that involves organized athletic activities requiring fixed
infrastructure such as playing fields and/or accessory infrastructure such as seating areas,
changing facilities and/or concessions. Active recreational activities include but are not limited
to team sports such as baseball , soccer, and lacrosse , smaller group sports such as racquet sports,
golf courses (and associated facilities such as driving ranges) and other active recreational uses
that require permanent infrastructure such as a skateboarding park or ice rink .
Recreation , Passive - Recreation that generally does not involve organized athletic teams and/or
significant fixed infrastructure, apart from such improvements as trails, parking areas, restrooms,
picnic shelters and the like. Passive recreational activities include but are not limited to jogging,
biking, cross country skiing, hiking, walking on recreational trails and paths, horseback riding,
wildlife viewing, picnicking and relaxation .
Recreational Facility, Amusement - A commercial or non-commercial recreational use that
may be permanent or temporary in nature, for the conducting of recreational activities including
but not limited to traveling carnivals, circuses, amusement parks, driving ranges (not associated
with a golf course), batting cages, mini-golf, pai.ntball courses, bowling centers, roller skating
facilities, and similar indoor or outdoor recreational activities . A public park shall not be
considered and regulated as an Amusement Recreational Facility.
Recreational Facility, Athletic - A commercial or non-commercial recreational use that may be
permanent or temporary in nature, for the conducting of recreational activities including but not
limited to swimming, tennis, court games, baseball and other field sports, riding academies, and
playground activities, but excluding recreational activities involving mechanical devices that are
powered by non-human means, such as motorized vehicles. A public park shall not be considered
and regulated as an Athletic Recreational Facility .
Recreational Facility , Motorized - A commercial or non-commercial recreational use or
accessory' use that may be permanent or temporary in nature , which involves the operation of
motorized vehicles which includes All Terrain Vehicles, motorcycles etc. , including but not
limited to go-kart tracks, dirt bike tracks , and race tracks .
Religious Institution - Use of land and/or Structures by a tax-exempt institution, a bona tide
religious sect or denomination where religious worship and related activity is conducted .
Residential Design Guidelines - the Town of Dryden Residential Design Guidelines dated
December 3 , 2008 and adopted as an amendment to the Zoning Ordinance . These guidelines are
now found in Appendix B, and are hereby made a part of this Ordinance by reference to such
Appendix .
• Restaurant - An establishment, including Taverns but excluding bars, where food and drink is
prepared, served, and sold .
Page 33 of 114
TB 2- 16- 12
0 Retail Business — Any business involving the sale in small quantities of a larger inventory of
items to transient customers whether in a shop or other building, or electronically or by mail .
Retail Shopping Centers/Plazas — A lot used for two (2) or more commercial units, attached or
detached, which relate to a common parking area and common points of ingress and egress and a
common circulation pattern .
Retreat or Conference Center — A facility used for service organizations, businesses,
professional , educational , or religious meetings or seminars limited to accommodations for
attendees . The accommodations can include sleeping, eating, and recreation .
Road — See Public Highway.
STQR — The New York State Environmental Quality Review Act found in Environmental
Conservation Law Article 8 and the implementing regulations found in 6 NYCRR Part 617 .
Self-Storage — A Structure or Structures in which materials, goods, or equipment are stored with.
separate storage units having individual access for storage of personal or business property.
Self-storage operations with several separate Structures shall all be considered together to form
• one ( I ) primary Structure for the purpose of Site Plan Review.
Senior Care Facility — A living and care facility for over ten ( 10) seniors in a variety of settings .
Senior Housing, Family — Living facilities offering a family type of living environment where
residences are designed to feel like a home instead of a medical facility and to blend in
architecturally with neighboring homes. The residences are designed as efficient homes for six
(6) to ten ( 10) seniors, each of whom has a private room with a private bath and easy access to
all communal areas of the house, including a living room area, dining area, kitchen, laundry,
outdoor garden, and patio .
Series of Building — For the purposes of this Ordinance, a series of Multi-Family Dwelling Units
with shared wall construction .
Service Business — Any business or nonprofit organization that provides services to individuals,
businesses, industry, government, or other enterprises.
Setback Lines - Sec Yards .
Sign — Any device, object, or building facade used for the visual communication or
• advertisement of a place, building, product, service or name.
Paae 34 of 114
TB 2- 16- 12
Sign - Outdoor Advertising Billboard - Any device, object, or building facade situated on
private property and used for advertising goods, services or places other than those directly
related to the property on which said sign is located .
Site Plan - A rendering, drawing, or sketch prepared to specifications and containing necessary
elements, as set forth in this Ordinance, which shows the arrangement, layout and design of the
proposed use of a single parcel of land as shown on said plan . Plats showing lots, blocks or sites
subject to review as subdivisions under Town Law § 276 and the Town of Dryden Subdivision
Law are also subject to review as site plans.
Special Use Permit - An authorization of a particular land use which is permitted in this
Ordinance, subject to requirements imposed by this Ordinance and by the Board authorized to
grant such permit to assure that the proposed use is in harmony with this Ordinance and will not
adversely affect the neighborhood if such requirements are met.
Specified sexual activities :
a. Human genitals in a state of sexual stimulation or arousal ; or
b. Acts of human masturbation, sexual intercourse or sodomy; or
c . Fondling or other erotic touching of human genitals, pubic region , buttock or
female breast .
Specified anatomical areas :
a. Less than completely and opaquely covered human genitals, pubic region, buttock,
and female breast below a point immediately above the top of the areola; or
b. Human male genitals in a discernible turgid state, even if completely and opaquely
covered .
Street - See Public Highway.
Structure - Anything constructed or erected on the ground or with a fixed location on the
ground or attached to something having a fixed location on the ground. Structures include, but
are not limited to, Buildings of a size exceeding 150 square feet, walls and fences over 6 feet in
height, radio towers, power generating equipment such as freestanding windmills and solar
panels, swimming pools designed for a depth of three (3) feet or more, billboards, poster panels
and signs . All Structures, regardless of size, shall be erected in compliance with the setback
requirements for their respective district. The following shall not be classified as Structures for
the purpose of this Ordinance : fireplace chimneys, flagpoles, and antennae.
Tavern - A commercial Structure where food is prepared , served, and sold and alcoholic
beverages are consumed on the premises.
Page 35 of 114
TB 2- 16- 12
Theater - A Structure or part of a Structure, devoted to showing motion pictures or for dramatic
and/or comedic live performances including musicals, recitals, concerts, or other similar
entertainment, including dinner theaters .
Timber Operation - The on-farm production, management, harvesting, processing and
marketing of timber grown on the farm operation into woodland products, including but not
limited to logs, lumber, posts and firewood, provided that such farm operation consists of at least
seven (7) acres and produces for sale crops, livestock or livestock products of an annual gross
sales value of ten thousand dollars ($ 10, 000) or more and that the annual gross sales value of
such processed woodland products does not exceed the annual goss sales value of such crops,
livestock or livestock products .
Town Board - The Town Board of the Town of Dryden, Tompkins County, New York .
Traditional Neighborhood Design (TND) - A type of neighborhood design with a focus on
pedestrian facilities, front porches, back alleys and emphasis on the human use of spaces in the
resulting form and function, as well as commercial or mixed use developments that emphasize
human use of spaces and attractive character of buildings.
Use, Accessory — A use which is customarily incidental and subordinate to the Principal Use on
a Lot and which is located on the same Lot. Accessory Uses or Structures shall not be permitted
on a Lot without a permitted Principal Use or Structure. Unless otherwise permitted in this
• Ordinance, an Accessory Structure shall not be permitted in the front yard of a Principal Use .
Use, Principal - The main or primary use of land and/or Structure on a Lot and which
determines the overall character and appearance of use on the Lot.
Variance
a. Variance, Area - The authorization by the Zoning Board of Appeals for the use of
land in a manner which is not allowed by the dimensional or physical requirements
established by this Ordinance.
b. Variance, Use - The authorization by the Zoning Board of Appeals for the use of
land for a purpose which is otherwise not allowed or is prohibited by this
Ordinance.
Warehouse - A building or part of a building designed for the receiving, storing, and
distribution of goods, wares, and merchandise, whether for the owner or for others, and whether
it is a public or private warehouse. This definition includes a wholesale business for
shipping/receiving. Not including incidental or temporary use of an empty building for storage.
Workshop/Garage - Non-Commercial - A Structure used for the conduct of non-commercial ,
low- intensity activities such as woodworking, personal vehicle repair, and storage . Normally
considered an accessory use, but may be allowed without a principle building.
Page 36 of 114
TB 2- 16- 12
• Yard — A Yard is an open space other than a court on a Lot, unoccupied and unobstructed from
the ground upwards between the Lot Line and the nearest line of the Structures on the Lot,
except as otherwise permitted . (See illustration below for location of front, side and rear yards .)
Side _acdArea _ _ .
Building Area
Side Yard Area
Set-back line
•
•
Page 37 of 114
TB 2- 16- 12
ZONING ARTICLE IV : ZONI DISTRICTS
Section 400 : Districts
For the purposes specified in this Ordinance , the Town of Dryden is divided into the following
zoning districts :
CV - Conservation District
The purpose of the Conservation (CV) District is to protect areas of the town that contain a
variety of ecological and open space assets that warrant protection from the impacts of
development. Residential uses and agriculture will remain the primary land use activities.
II — Hamlet District
The purpose of the Hamlet (H) District is to allow mixed-use development in keeping with
the character of a small hamlet. The Hamlet District encourages new development and
redevelopment that will increase the attractiveness of these areas by offering a diversity of
options, including townhouses, single- and two-family dwellings, small apartment buildings,
and mixed use (residential/commercial ) buildings . New development should complement the
• architectural and urban design character of existing buildings and streets in the hamlet
consistent with the Residential and Commercial Design Guidelines . Agriculture is an allowed
use.
LiO - Light industrial / Office District
The purpose of the Light Industrial/Office (LIO) District is to define a location in the town
for light industrial and warehousing enterprises, office buildings and administrative
operations and service enterprises, or research and development enterprises such as computer
software and equipment design businesses . Agriculture is an allowed use in this district.
LIO-A - Light Industrial / Office / Adult Use District
The purpose of the Light Industrial/Office/Adult Use (LIO -A) District is to define an
appropriate location in the town for adult uses that is separated from and minimizes impacts
to non-compatible uses such as residential areas, schools, churches and parks . in addition to
adult uses, all other uses permitted within the Light Industrial/Office District are permitted
within the Light industrial/Office/Adult Use District. Agriculture is an allowed use in this
district.
LSRDD - Large Scale Retail Development District
The purpose of the Large Scale Retail Development District (LSRDD) is to provide the
opportunity to evaluate a location in the town where large-scale retail development may be
• appropriate, and to define specific requirements for the review and possible approval of
large-scale retail shops and shopping centers . This type of development requires a Special
Pagc 38 of 114
T[3 2- 16. 12
• Use Permit and Site Plan Review to develop a property for large-scale stores or shopping
centers as defined herein . This district is not mapped, but may be proposed on any property ,
not in Tompkins County Agricultural District 1 , along a State or County Public Highway .
MC — Mixed Use Commercial District
The Mixed Use Commercial (MC) District allows a mix of retail and service businesses,
office buildings and research and development businesses such as computer software and
equipment design businesses as well as residential development. The district allows for
mixed use development . Agriculture is an allowed use in this district .
NR - Neighborhood Residential District
The purpose of the Neighborhood Residential (NR) District is to define areas of the town
where established neighborhoods are situated in a rural landscape and constitute the primary
land use . Single family homes are the predominant form of development, and future
development is unlikely. Home Occupations are the primary commercial activity in this
district. Agriculture is an allowed use in this district.
RA - Rural Agricultural District
The purpose of the Rural Agricultural (RA) District is to define an area of the town primarily
for agricultural use and associated natural areas protection . The Rural Agricultural District is
an area that is intended to remain rural and where agriculture is recognized as the primary
land use . Small scale rural businesses which are agriculturally related or supporting may be
appropriate in this district.
RR - Rural Residential District
The purpose of the Rural Residential (RR) District is to define an area of the town where
residential uses situated in a rural landscape constitute the primary land use . Public water
and sewer does not exist in this area. Single- and two- family homes are the predominant form
of development. Agriculture is also expected to be a substantial land use well into the future .
TNDO - Traditional Neighborhood Development Overlay District
The purpose of the Traditional Neighborhood Development Overlay District (TNDOD) is to
provide development alternatives for landowners located at the periphery of villages and in
hamlets that do not currently have water or sewer. Public water and sewer does not currently
exist in these areas, and it will be necessary to develop or extend such infrastructure in order
to take advantage of the development alternatives provided under the provisions of this
overlay district. Utilizing incentive zoning authority in Town Law, land in the overlay
district can be developed more intensively in return for specified public benefits and the
incorporation of Traditional Neighborhood Design (TND ) principlestin the design of sites
and structures . Small scale businesses, primarily in mixed- use structures, can also be
incorporated into these areas.
Page 39 of 114
TE12- 16- 12
Section 401 : Zoning Map
All land in the Town of Dryden shall fall within one of the established zones as shown on a map
entitled the `Town of Dryden Zoning Map" Dated September 1 , 2011 . The original and official
Town of Dryden Zoning Map is filed with the Town Clerk . A reduced and unofficial copy is
found in Appendix A.
Section 402 : Boundary Determinations
Where uncertainty exists as to the boundaries of a zoning district as shown on the Zoning Map,
the following rules shall apply :
A . Zone boundaries are intended to follow parcel lines whenever possible . Where
boundaries approximately follow parcel lines such parcel lines shall be construed to be
said boundaries.
B . Where district boundaries are indicated as approximately following the center line or
right-of-way line of Public Highways, such lines shall be construed to be district
boundaries and follow such center line or right-of- way line.
• C. Where district boundaries are indicated as approximately following a stream, lake , or
other body of water, such stream center line, lake or body of water shoreline shall be
construed to be such district boundaries (unless otherwise noted on the Zoning Map) . In
the event of a change in the shoreline or stream , the district boundaries shall be construed
as moving with the actual shoreline or stream .
D . Where a district boundary is not indicated as approximately following the items listed in
subsections ( 1 ), (2 ) and (3 ) above, or is not designated on the Zoning Map, the boundary
line shall be determined by the use of the Town ' s Geographic Information System
utilizing the Zoning Map boundaries laid over aerial imagery .
E . Where district boundaries are based upon natural features such as slopes, topographic
contour lines, watershed boundaries, soil types, or ecological communities, such
boundaries may be more precisely established through field investigation by a qualified
professional .
F. Whenever any Public Highway is abandoned in the manner authorized by law, the district
adjoining each side of such highway shall be automatically extended to the center of the
former highway, and all of the area included in the abandoned highway shall henceforth
be subject to all regulations within the extended districts .
•
Page 40 oil 14
rK 2- 16- 12
• G. In the event that none of the above rules are applicable , or in the event that further
clarification or definition is considered necessary or appropriate, the location of a district
boundary shall be determined by the TEA ,
Hr One Parcel in Two pones- When a parcel is divided by a zoning district boundary, the
regulations and requirements of the least restrictive zone may be extended for a distance
of 100 feet into the more restrictive zone.
ARTICLE V : USE REGULATIONS
Section 509 : Restrictions on Land/Structure Uses
A. No Structure or laid shat ] be used except as provided in the Allowable Use Groups
Chart in Section 501 . Uses which are not explicitly permitted are prohibited, unless
specifically stated elsewhere by this Ordinance,
B . If an applicant proposes a ] and use that does not clearly fail within any of the categories
contained in the Allowable Use Groups Chart in Section 501 , the Planning Department
shall deny the application for a Zoning Permit, and inform the applicant of the process of
appealing such denial or the TEA , or refer the applicant to the Town Board Ior its review
and possible consideration of an amendment to this Ordinance.
Section 591 : Allowable Use Groups Chart
A - In the following Allowable Use Groups Chart :
"P" means the use is allowed as of right, but in many cases requires Site Plan
Review;
"PA" means an accessory use is allowed as of right;
" Special Use Permit" or "SUP " means the use requires a Special Use Permit;
"U" means the use is not alinweh in that particular district .
E . The following uses shall be subject to Site Plan Review:
1 . All Business Croup Uses;
2 . All Community Group Uses;
1 All uses requiring e Special Use Permit-
C, Building Sizes:
1 . in the CV, RA and RR districts, no Business Group Use shall include a Structure
larger than 5 , 000 square feet without e variance .
. In the 14 District any use that includes a Structure or Structures larger than 5 , 000
square feet requires a Special Use Permit-
Pagu 4I ot114
Mina. �-
TB 2- 16- 12
• 3 . In the LIO and MC Districts, any use that includes a Structure larger than 20,000
square feet requires a Special Use Permit.
4 . No single retail Structure shall be permitted in the town larger than 45 ,000 square
feet or a retail shopping center greater than 90, 000 square feet, except as provided
for in Section 802 .
5 . Agricultural Structures directly related to an agricultural use shall be exempt from
all such building size limits .
USES NR RR RA CV H MC LIO, 110-A
Neighborhood Rural Rural Conservation Hamlet Mixed Use Light Industrial/
Residential Residential Agricultural Commercial Office
GRICULTURAL GROUP
• gricultural Use P P P I' P I' P
1 7armstand P P 0 P 0 P I' P P
BUSINESS GROUP — All Permitted uses are subject to Site Plan Review
I dult Use (see SUP
1302) X X X X X X Only permitted
in LIC)-A
I griculturc-Related
nterprise X SIII' P I' X P SUP
• • rust Studio! Craft X P P P 1' P P
orkshop
Automotive Repair X SUP SUP SUP SUP SUP SUP
-iarage (see § I 3 10)
• utomotive Sales X X X X X SUP SUP
Automotive Salvage X X SUP SUP X SUP SUP
. nd Junk Yards
j utomotive Towing X x SUP x sup SUP SUP
Service (see § I306)
I ed-and Breakfast X P P P P P SUP
stablishment
3oarding [louse X SUP SUP X SUP X X
X SUP SUP SUP X X X
ampground
:tr Wash X I' P P X SUP P
X SUP SUP P X P P
'ontractor's yard
Day tare center, child X SUP SUP X P p P
. rive-through facility X X X X X SUP SUP
-see § 1309)
X X X X SUP SUP SUP
rasoline station L
enerulOfiice X X X X SUP I' p
• Mudding
Hotel / Motel X x x x sup P SUP
4-Page 42 of 114
TB 2- 16- 12
0 USES NR RR
Neighborhood RA CV H � C I LIO, LIO-A
Rural Rural Conservation Hamlet , Mixed Use Light Industrial!
Residential Residential Agricullurni Cominertial Olicc
Industry, Light X X X X SUP . P P
Iidu_stry/
r anuiacturing (sue X X X X X SUP SLIP
, 1303 )
Inn X SUP SUP SLIP SUP P X
Kennel (see # 1308) X SUP SUP SUP x SUP
argc Scale Retail X SUP X X I SUP SUP SUP
t )evelopmeii
SUP
SUP SUP
X }( See Section ' See Suction 1304 X X See Section 1304
1304 for
Mining (see * I304 ) restrictions 101" r slrictions for restrictions
I urscrylGrccnhnu e' X 5W] ' P SUP SLIP p
Retail
'rnressioiral office X SUP P SUP P P P
r esthtirant X SUP SLIP X SUP P SUP
Itetail business X X SUP X SUP P P
I
I elail shopping X SUP SUP X
•Craters / plans
Retreat or Conference k SUP SUP SUP SUP S1.] 1) X
S entr
dr-storage X X X X X SUP SUP
% crvicc business X SUP SUP X SUP P I'
I-healer X X X X SUP P P
'archousc X I X X X X SUP P
' ESIDENTIAL GROUP
Ied-and-Breakfast P P P SUP SUP P X
ome
.'ongregaie Care
(Wilily X la P ]) P P X
lay care home, 1, p I, P P P X
I amity
)ay ctirc home,
Ft P P P P P X
I amity Croup
P P P P J ' P X
Dwelling, accessory as per § 1311 as per § 13I I as per * 131 I as per * i 3 I I as per * 13 I I i per MU
• nit see 11311
I welling, multi- X SUP SUP X SUP SUP
r .vruly
Dwelling, single- P p I' P P P X
family
II welling, [ago-larnily X P P ]} P P X
welling, upper-floor X X X S1JIx SUP X
S n rncnl s
Page 43of114
'EB 2- 16- 12
0 USES NR RR
I RA 1 ( r
II MC L10, Ll (}-
A
Neighborhood Rural Conservation Hamlet Mixed Use Light Industrial!
Residential Residential A gri cultiiral Commercial Office
1;; Cottage see See § 1305 See § 1305 See § 1 305 Scc * 1305 See * 1 aoi See § 1 305 X
: 1305
1305
a owe Occupilion ' I' r i' F' r P X
evcl l
Koine Oc:uupation_ SUP SUP SUP SUP SLIP X
Level 2
r trnulticrured Home X P p P SUP SUP X
SUP only SUP only SUP only SUP only
with with with with
X Municipal Municipal X Municipal Municipal X
Manufactured Home WOer and Water and Water arfd Water and
1- ark Sewer Sewer I Sewer Sewer
()bile Home X X x I X X .X X
Senior Housing, SUP SUP SUP SUP SUP SUP
Family
senior Care Facility X SLIP SLIP x SUP SUP x
orkshap/Ciarage
I on-Coinrnemial P ] } P P P P P
I
'UMMUNlTY GROUP - All Permitted are subject to Site Plan Review
Ill omuty X r I' P P P 1'
7dLL auional use X SR
SUP SI.JI' SUP SIJP SUI} }{
ibrary X SUP X X I SUP SUP X
Lodge or club X SUP I SUP SUP SUP 1' X
tinicipal use P P P P P P I '
Public Safety Use X SUP SUP SUP SUP I SUP SUP
I uhlic Utility X SLIP SUP SUP SUP SUP SUP
I eligious institution SUP SUP SUP SUP SUP SUP SUP
RECREATIONAL GROUT'
teeren[ion, Active X I SUP SIJI " SUP SUP SUP SUP
Recreation, Passive P P P P P r P
' ccrcation Facility, X X SUP X X SUP SUP
nuisement
creational Faeility, X SUP SUP SUP SIJI' SUP SUP
rhti.lie
I. ccreationa] Pacilily, SUP SUP }C X ?C
I oioriZcd
•
CCESSORY USES GROUP
r a g e 4110
4-4u1114
TB 2- 16- 12
USES Nlt lilt RA CV H MC LIO, 11O-A
R�eighhnrhnod Rural Rural Conservation Hamlc( Mixod Use Light Industrial/
Residential Residential Agricultural ( orn inerCiai , Office
!Any accessory PA 1:0.4 PA PA PA PA PA
Building or use
determined by the ,
Flanning Department
or Zoning Board of
Appeals to be
customarily incidental
to a permitted use,
including detached
garages and shads.
Accessory PA PA PA PA PA PA PA
recreational uses,
i
such as swimming
pools and sports
courts, provided thfit
they are in
compliance with the
setback requirements
for the principal use.
I3-Street Parking PA PA I'A PA PA PA PA
acilities J
Section 502 : Prohibited Uses
A . Prohibition against the Exploration for or Extraction of Natural Gas and/or Petroleum,
No land in the Town shall be used : to conduct any exploration for natural gas and/or
petroleum ; to drill any well for natural gas and/or petroleum; to transfer, store, process or
treat natural gas and/or petroleum ; or to dispose of natural gas and/or petroleum
exploration or production wastes; or to erect any derrick, building, or other structure; or
to place any machinery or equipment for any such purposes.
B . Prohibition against the Storage , Treatment and Disposal of Natural Gas and/or Petroleum
Exploration and Production Materials.
No land in the boom shall be used for: the storage, transfer, treatment and/or disposal of
natural gas and/or petroleum exploration and production materials .
C Prohibition against the Storage, Treatment ad Disposal of Natural Gas and/or Petroleum,
Exploration and Production Wastes _
No land in the Town shall be used for : he storage, transfer, treatment and/or disposal of
natural gas and/or petroleum exploration and production wastes .
D. Prohibition against Natural Gm and/or Petroleum Support Activities.
• No land in the "Gown shall be used for natural gas and/or petroleum support activities .
Page 45of114
TH 2- 16- 12
0 E. Invalidity of Permits.
No permit issued by any local , state or federal agency, commission or board for a use
which would violate the prohibitions of this section or of this Ordinance shall be deemed
valid within the Town without a Use Variance .
ARTICLE VI : AREA AND BULK REGULATIONS
Section 600: Area and Bulk Table
The following table includes the minimum requirements for a building lot. Unless otherwise
indicated this table does not indicate the number of lots that can be created from a parcel . _
2 NR 12R RA CV ' HS MC LIO`';.LIO-A1
Neighborhood Rural Rural Conservation Hamlet ' Mixed Use I Light 1
Residential Residential Agric iltural r , , Commercial ' Industrial/ I
- - - . : , .- I ( Office
Minimum lot area f -- _
11s
,. 1 _
With public sewer/ . 10,(100 sf 10,000 sf ' 10,000 sf 10,000 sf 10,00(1 sf j 10,000 sf J 10J100 sf--,
and water ! ' '
I
• facilities j It
It
Without public , 1 acre, ,' 1 acre 1 acre 1 acre 1 acre I acre 1 acre
sewer and water i '
e facilities ' . '
, .1 _ . _ __ -+b
Minimum front 50 feet F50 feet 50 feet 50 feet ' 10 feet 40 feet �� ` 40 feet
yard setback
1 4,
• 1
Minimum side I ' 15 feet-
I5 feet 15 feet —j 15 feet - 0 or 0 or 15 feet___,
i
Lard setback (feet) 7.5 feet if # 7.5 feet if
buildings buildings are not
are not attached
•
foot 1 foot 1 foot 1 foot attiehcd i I, foot
Accessory 1 ` ti t foot I foot
Building with less ! i a +
. : ) ,
than 15 feet 1 ; '
Building [( eight '
and 200 square ! 1
I 8 '
feet or less ', o;
I I
t _I _
•
Page 46 of 114
TB 2- 16- 12
Minimum rear 1` r,,,•= 2.5 feet ' ii , '; 25 feel 25 feet' 25 feet } 4c t 25 Feet 1 feet s
0 yard setback 1; r . � x i f3 1 . . ii;,
Accessary I =1i�� .1. foot 1 , 1 : l font + I foot . I foot 1 f9O't ' 11UO 1 fiaot
Building less than j '' ` ` t ' I I
r rill .
IS feet Building , ^ . + lf1t , I : ��,
Height and 200 1 Fi ," 11
' sryuare feet or less . f fl r . : ry 11 l :
0,4 I $ R : i ,
, I ` q 1 , 1 ,
. II ;I r ,
Minimum Lot ' .:150 feetT 250 feet 250feet '{2511 Feet • 1 §,O1$et r I50 feet 150P-feet
lrrnntage l 1 ' + See §603 , See §6O3 See §603_ ` rtfi
, 1,1 I I a , .
NIinimum of .100 feet : 1. 00 feet IUO;feet 100 fret * feet; 125 feet 125 feet ;
Width ; 111 Il}.F ! 1i y , r I.
Magnum, Lot j , '1 25%: : 25% 25% 15% 5lJ 'p i • 60% 60% , . ..1
Coverage ('9r ) , i ' 1 � `•: — t 1r„ All '
44 aa,)7nxiroum ., ':35 feet ' : 35 feet 35 feet 35 feet. . ! 351feet ' . . 35 feet. 35 feet
Building Height t ,,�See §604J ' See §604 . Seej fiO4 See §604 . i sec b04 5 See §604 . Sep' §604 '
is i1 , 1 � 1 • • i _ ti
TB 2- 16- 12
Section 605 : Reserved
.111,
Section 606 : Density in the MC Zone
The following table includes the maximum density and related restrictions in the MC Zone :
,,,•• 1 Ik . . S 'I ,:I 4tllry 4' .
• . Type or Dwelling . 41 h Dwelling Units per mere s , l' iiesfrticiiaus
r ' 6 !r{r; I � �I� ? 1r N it 'j,.
• 11111 { ld i .!. .• 1 � 'F II I' , ll ',I i ..
411 + I .. + 1 - t 1 , M ' ti .. . .
et I. 'I ,. , 4`>; ' Pi el 1. 1ip . , ., 1 �'1 IE . . l1 greater than 20
A ,. 1 1
' 9ulti- Famil (Rental), k# Dwelling Units per
' r1( 1 ? trilI r 0 tin 1 F I . we g Ua is pe
I ' _ 1 li u;la11 ' If,{4 1 . "' ihe's& , fir k,, :Building.. le. I 11%1. is 1 ' i I ' 11 I ;III Krigreater `•thao 21)
- ; "" i " ' 'i ' I I' ? h • �y ar Dwelling lJnits ° er Buildin U
141u1ti I amity ( 1 ogl�ouse orI , 1 ft.
�� ,I ; ilk Al, S 10 1 lIr i1l ' '
' Condominira rn•), Own erOccupied ' r' 1 , + ' {"1 ;lilt ., ,, p r 16` (or trjes of Buildings).
� IG • r -K jT jJJ 1 1 i r, ;
.. . i J ,) pp }} I 11 I y 1 ',L I { IhI I' , 1 .I
. . . . I 0.110.1 ; ALLe NI..
1n'. I,' �� � J : i: ii:'. .
i r1A�1 I, : 5{ tp,. L `,` I, _.1- 11 Hil }f ;
t 4 F th � i al, l ; 4 1 iiN 4 , Ni greater than 8•
i4'lutti-Hnmity( lietnclred .1 ) rt1lierg I) nit.) e,, ii}+' ' IIy, (,1 iits �I i s indilir#uet Buildingsper
i5i l i ti1'�iilr ; • 1.411 ;f0 N. parcel
Yiill •{ IiIly{ '{ 1#1111 11111 , 1 ra1$ 1"} . .j 11
I II11 I � ., 1 I n�i 1 �1�1 1 ... ,r • l. ,„ i'` •,
M1tuiti-Famil Condominiuir� itet�trrl ' •.(}wcr 2 IResideutial Dwelling [pi.'
111 _ ..
. .
•
. • . .y . ( ), . :
Commercial , , P '$ ife%tcomm,�e, geial space ' Irll�gy,t • •
• � ' 1 } I
{{{ ,
t � ' 1 111 .
y}q fd {♦yq ;1:-•; I 11
L { 4 it ' ' I }4 - 11' ..ly ' Ik 711pay.11 , •^ .
11 111 rli
+ " 'F ire IIO dY . 1 . IY '�.II
I k 1 l+11 I' IIhr 11111 4 .rw1 J ;
r I I I k.i ' i i• I . 111. 1 i ' 4 1. ; 4 , : .3Stnlr Maxienueee 60%
11 { , 1 `1 i 4 1' " fl i • 11li l, 'J ' I , Lot• Coverage limit, - -
,Multi- Family' ;Tlulti-Story ( Rental) S 1 ,. . "112 71 i. dill.1 maxiinum 2b units per
f 1 L { ' C N,
I. P 4 I I , YIr �Iy{n }'
. ' I 1 ' ' 11 ' i "1J .t n - • Building (or Series of
•. 1 AIr ,Try : Buildings),•I� 1 : III I ' i111 1 k ray. 11 1y Ia
•
• 11 , rr '.1111y !Tilt
i I� y Wry j, n � , L 1 " 7Q% Open Space 1p
l'iulti- Family { ondnrnininin, Multi-story' } + ; I 'a I I'1 '� reyrtireirient, I5-units per
• JI iii ' f
(greater .than 2 stories) h ,`1 1 1 LLl , 114h , I Building max.iinum (or
4 � I � ' iF I`i aF� J .1•1 � I I I eri& of Build ings),•' 14i l , { { 1 ' . II'IIIA l { � 1111 , I IIIII it
L r Y5 LLL 1
•
Single. Family' ; ,'1 , t K y
i ; IiJllr; y , � li i '-i � � ' yk1 ,', • 19� requirement.
0
Page48of 114
TB 2- ] 6- 12
• ARTICLE VII : RESERVED
ARTICLE VIII : OVERLAY DISTRICTS
Section 801 : Traditional Neighborhood Development Overlay (TNDO) District
A. Purpose . The purpose of a TNDO District is to establish a development option for parcels
within such underlying zoning district Property in a TNDO District may be developed in
accordance with the regulations of the underlying zoning district, or utilizing the
provisions of this section . Nblie water and public sewer, or a waiver of such
requirement, are necessary to use this development option.
The provisions of the TNDO are intended to promote Traditional Neighborhood
Development patterns in areas that adjoin existing villages or hamlets. Within a TELL
District, higher density residential development will be allowed if designed according to
these guidelines to ensure that the resulting development incorporates the design
principles of traditional neighborhoods .
A primary objective of the TNDO option is to provide for a diversity of Dwelling types,
age groups, and income levels, in a manner consistent with the variety of existing
0 Dwellings in the area and with traditional village/ham let building and site development
patterns_ New construction is to be predominantly Single-Family Dwellings 00 a variety
of villagclharnlet-sole lot sizes ,
All projects utilizing the TI\TDO option shall follow the process and procedures described
in Article X for Conservation Subdivisions in the Town of Dryden Subdivision Law,
except as modified herein .
B. Establishment of Overlay District. The Town of Dryden Zoning Map shall delineate the
boundaries of possible '1 'NDO .Districts . All TNDO Districts are also AL Districts . Areas
outside of such TNDO Districts within the , A, or RR Zoning Districts may be developed
by these procedures by amendment of the Town of Dryden Zoning Map .
C. Density. Maximum dorisity in the UNDO District shall be six (d) dwelling units per acre
subject to the other provisions of this Ordinance_
D . Permitted Principal Uses ;
1 , Dwelling, Single-Lawily
A Dwelling, Two -Family
3 . Dwelling, Townhouse
b _ Dwelling, Multi -Family
Pagt49of114
TB 2- 16- 12
• Up to 40% of new units may be in Two-Family or Multiple-Family Dwellings. When
Two- Family or Multiple-Family Dwellings are proposed, they shall be integrated
architecturally and in scale with the same streetscape as Single-Family Dwellings, and
not isolated in separate areas of the 'INDO District .
F . Permitted Accessory Uses and Structures :
1 . Private garages or carports for the parking of motor vehicles of residents .
2 . Customary accessory Structures to residential uses including, but not limited to,
private swimming pools, hot tubs, storage buildings, greenhouses, pet shelters and
outdoor fireplaces .
3 . Customary farm accessory buildings for the storage of products or equipment.
4 . Off- street parking, fencing, and signs .
5 . Home Occupations : Level 1 .
F . Design and Dimension Requirements :
1 . Open Space : Not less than 20% of the permanently protected Open Space which
is required to be set aside shall be in a form that is integrated into the residential
neighborhood and accessible to the public , such as a central green, neighborhood
squares or commons, tot lots, a community park, or any combination of the above .
• 2 . Blocks : Streets shall be designed to create blocks that are generally rectilinear in
shape, a modified rectilinear shape, such as curves , or another regularly repeating,
distinct geometric shape . Amorphously shaped blocks are discouraged, except
where topographic or other conditions necessitate such a configuration. To the
greatest extent possible, blocks shall be designed to have a maximum length of
480 feet . Lanes or alleys shall be permitted to bisect blocks.
3 . Street Layout: The street layout shall form an interconnected system of streets
primarily in a rectilinear grid pattern , modified to avoid a monotonous repetition
of the basic street/block pattern. The use of cul -de-sacs and other streets with a
single point of access shall be minimized . To the greatest extent possible, streets
shall be designed to have a maximum length of 600 feet from intersection to
intersection, and, to the greatest extent possible, shall either continue through an
intersection , or terminate in a "T" intersection directly opposite the center of a
building, an Open Space area, or a view into a peripheral Open Space area.
4. Sidewalks: A sidewalk network shall be provided throughout the development
that interconnects all Dwelling units with, non - residential Structures, common
Open Spaces, and the original village/hamlet to which the development is
adjacent. If the development is not adjacent to a village/hamlet area, but rather an
Open Space owned or controlled by the owner, then a trail system through the
Open Space shall be provided . Sidewalks shall be a minimum of four feet wide,
410 and five feet and six feet wide along major pedestrian routes . Sidewalks shall be
Page SOof114
TH 2- I6- 12
• of barrier-free design to the greatest extent possible . The pedestrian circulation
system shall include crosswalks where appropriate , and include gathering/sitting
areas and provide benches , landscaping, and other street furniture where
appropriate .
5 . Minimum Lot Area: 6,000 square feet.
6. Minimum Lot Width at Building Line : 40 feet .
7 . Yard Regulations : Variations in the principal Structure position and orientation
may be considered andthe following minimum standards shall apply :
a. Front yard setbacks :
i . Principal Structures : 12 feet minimum (6 feet to front
porches/steps) ;
ii . Attached Garages (front entrance) : minimum 10 feet behind
front plane of house;
iii . Attached Garage (side entrance) : minimum 10 feet from Street
Line ;
iv . Detached Garages (front entrance) : min . 40 Beet from street and
10 feet behind plane of house or in the rear yard .
• b . Rear yard setbacks :
i . 30 feet minimum for principal Structure and 5 feet for
accessory Structures (excluding garages) ;
ii . Detached Garages (rear entrance) : min. 10 feet from alley or
lane.
c. Side yard : Minimum separation of 20 feet between principal
Structures ; however, the side yard shall be a minimum of 5 feet.
8 . Maximum Impervious Coverage : 50 percent limit per lot .
9 . Minimum Frontage : Lots must have frontage either on a street or on a back lane
or shared driveway . Dwellings served by rear lanes may front directly onto parks
or greens, which shall be designed with perimeter sidewalks.
10. Maximum Building Height: 35 feet
G. Uses Allowed by Special Use Permit.
The following uses are allowed with a Special Use Permit issued by the town board :
, • 1 . Single Family Dwelling with accessory Dwelling Unit
Page 51 of 114
TB 2- 16- 12
• 2 . Home Occupation : Level 2
3 . Church and other religious institution
4 . Horticultural nursery
5 . Recreational facilities of charitable, not-for-profit organizations
6 . Public and semi-public buildings and uses
7 . Bed-and-Breakfast Establishment
8 . Bed-and-Breakfast I-Iome
9. Congregate Care Facility
10. All Business Group uses permitted by Special Use Permit in the H District
H . Site Plan Approval .
No site preparation or construction shall commence until site plan approval has
been granted by the Town Board . The Town Board shall have full discretion to
approve or deny applications for proposed projects within the TNDO based on
compliance with the standards set forth above, as well as in consideration of the
proposed project ' s overall merits and benefit to the town. Amenities and resources
that benefit the town at large, including trails, parks and other improvements, shall
be taken into consideration in evaluating the merits of the proposed project.
Section 802 : Large Scale Retail Development (LSRD) District
• A . Purpose and Applicability. The purpose of this district is to define a location where large
scale retail development may be appropriate, and to define specific requirements for the
review and approval of large scale retail shops and shopping centers.
B . Establishment of the District. The LSRD District is a floating zone, and is not defined as
of the date of the adoption of the Town of Dryden Zoning Map. When the Zoning
Ordinance is amended to create the LSRD District, the Zoning Map will delineate the
boundaries of the LSRD District at the same time a Special Use Permit has been granted
to allow a proposed large scale retail development.
C . Size limitations :
1 . Stores - No individual store shall be greater than 45 ,000 gross square feet in floor
area unless an amenity package is included as part of the site plan approval .
2 . Retail Shopping Centers - . No retail shopping center shall be greater than 90,000
gross square feet in floor area unless an amenity package is included as part of the
site plan approval .
3 . For the purpose of the size limits set forth above , floor area shall include floor
area or floor space of any sort within a building as well as exterior space used for
• sale or storage of merchandise. This shall include, but is not limited to , garden
centers, outdoor display areas, or lumber yards.
Page 52 of 114
TB 2- 16- 12
• D . Building Placement, Parking, Lighting and Landscaping. Conformance to the Town ' s
Commercial Design Guidelines shall be required to the maximum extent practicable, in
addition to all other applicable requirements set forth in this Ordinance .
E. Amenity Package. In order to increase the square footage for an individual store or retail
shopping center, a developer may include an amenity package to assist the town in
meeting other needs related to goals stated in the Comprehensive Plan or other officially
adopted town plan (i . e . Open Space, Recreation, etc . ) .
1 . A maximum of 60,000 gross square feet of floor area for an individual store and
120, 000 gross square feet of floor area for a shopping center, may be approved by
the Town Board if a suitable amenity package is provided . Any increase in square
footage allowed must be commensurate with the value of the amenity package
proposed .
2 . Amenities may include provisions for on-site and/or off-site improvements
beyond those required for the project and/or beyond measures needed to mitigate
the impact of the project . The amenities may include, but are not limited to, the
following :
a. Affordable housing options;
b . Enhancement of public facilities including local highways, public
• water, public sewage, stormwater, and community services/public
safety/transportation facilities;
c. Creation or extension of an Open Space system for the public
including a comprehensive multi-purpose path system and lands
(including developable land) permanently protected by a conservation
easement or other similar measure acceptable to the town board ;
d . Creation of recreational amenities including parks, walking or biking
trails, community centers and similar features designed for use by the
immediate residents and public that are not already located on site;
e . Payment to the Town for a dedicated fund for use in future public
improvements or acquisition of community facilities such as recreation
facilities, trails, fishing and water access; public works such as water,
sewer, and transportation facilities and the acquisition and/or
permanent protection of Open Space and agricultural lands;
I Non-corporate design features for the store and/or retail shopping
center;
g. Enhanced stormwater retention facilities, both on and off site.
3 . Where the Town Board determines that a proposed amenity is not immediately
feasible, or otherwise not practical , the Town Board may require, in lieu thereof, a
payment to the town of a sum to be determined by the Town Board . These funds
shall be deposited in a dedicated fund to be used by the Town Board exclusively
for the type of amenities defined herein.
Page 53ofll4
TB 2- 16- 12
• F. Abandoned Structure Surety Bond : The Town , may require a performance/surety bond
providing for demolition of the store(s) or retail shopping center if the Structure is
vacated or abandoned, and remains vacant or abandoned for a period of more than twelve
( 12) consecutive months.
ARTICLE IX : GENERAL REGULATIONS
Section 900 : General Regulations
Except as hereinafter provided , the following general provisions shall apply to land use and
development in the Town of Dryden :
A. No land or Structure shall hereafter be used or occupied and no Structure or part thereof
shall hereafter be enlarged or its use altered unless such action is in conformance with all
the regulations specified for the zone in which said action occurs,any special regulations
applicable thereto, and the provisions of this Ordinance .
B . Until such time as public water and/or sewer facilities are available, the Tompkins
County Health Department standards for minimum Lot size shall take precedence over
any less restrictive provisions of this Ordinance except as may be provided in the Town
aof Dryden Subdivision Law .
C . No Lot shall hereafter be reduced or altered so as to result in a Lot that does not meet the
minimum Lot area or Yard requirements prescribed by this Ordinance .
D . No Yard provided for any Structure for the purpose of complying with the provisions of
this Ordinance shall be considered as providing a Yard for any other Structure .
E . Public utility facilities (including electric, gas, telephone and television cable) and
necessary appurtenances thereto, shall be allowed uses in all zones by Special Use
Permit.
F . The provisions of this Ordinance shall not be in conflict with the Town of Dryden
Subdivision Law and the most restrictive provisions shall apply.
O . Waiver or Modification of Lot Requirements during Site Plan Review or Subdivision
Approval .
I . To encourage development, or redevelopment, as the case may be, the Town
Board reserves the right to waive or modify, upon a determination as herein
provided , the area and bulk requirements pertaining to the dimensions of a Lot,
set forth in Article VI . An applicant requesting a waiver or modification of Lot
requirements must demonstrate by clear and convincing evidence that, to the
Page 54of114
TB 2- 16- 12
11/ maximum extent practicable, the proposed development complies with the
Residential and/or Commercial Development Guidelines .
2 . In reaching a determination whether the applicant has, to the maximum extent
practicable, complied with the applicable Design Guidelines, the Town Board
shall consider :
a. the recommendations of the Planning Department and the Planning
Board ;
It the scope of the proposed development, including number of new lots ;
c . minimization of new public infrastructure ;
d . maximization of permanently preserved open space; and
e . utilization of techniques designed to enhance public safety,
environmental quality, property values, economic opportunity, town
character as expressed in the Town ' s 2005 Comprehensive Plan , and
the overall quality of life for all town residents .
3 . The Town Board shall hold a public hearing on any application to waive or
• modify Lot requirements under this subsection , and the provisions of Town Law
§ 265 shall apply .
4 . In reaching a determination about whether to waive or modify any of the above
mentioned area and bulk Lot requirements, the Town Board shall make detailed
findings of fact and conclusions based on the application, the recommendations
of the various reviewers, the public hearing and the standards herein set forth.
Section 901 : Unregistered Vehicles
All Lots shall be kept free of vehicles that are unregistered, abandoned or inoperable, and shall
be kept free of trash, rubbish or junk . For the purposes of this section, one ( 1 ) vehicle that is
unregistered but operable shall be permitted . An inspection certificate less than one ( 1 ) year old
by an inspector licensed by the New York State Department of Motor Vehicles shall be prima
facie proof of the vehicle being operable . For vehicles that do not have such an inspection
certificate, the owner may certify, under the penalty of perjury, that such vehicle is operable . An
owner ' s certification shall not be entitled to prima facie evidence as to the vehicle being
operable.
Section 902 : Off-Street Parking
A . Off street parking spaces shall be provided as specified in this section and subject to the
provisions of subsection (H)(2) below shall be Paved, drained, maintained and provided
Page 55of114
TlJ 2- 1642
with necessary access driveways . All such parking spaces shall be considered to be
required space on the Lot on which they are located, unless otherwise stated, and shall
riot therefore be encroached upon in any manner,
B . All uses allowed by this Ordinance, as well as Ices, allowed by variance, shall include at
minimum the following amount of off-street parking spaces :
le For each Dwelling Unit-one parking space, except for Dwelling Units occupied
by more than three unrelated persons where one parking space per bedroom shall
he required.
. For Hotels and Motels—one parking space per room plus one parking space per
two employees .
3 . For a church--one parking space for each four (4) persons who can he seated in
the sanctuary mew
4 . For an educational building--one parking space for each employee and one
parking space for each ten ( 10) students .
5 . For a college, trade school , or other post-secondary educational facility---one
parking space for each. two employees and one padded space for each two •
students.
6, For a community center or other civic or semi -public Structure-one parking
space for each 250 square feet of gross Moor space plus one parking space for
every two employees .
7 . For public or private parks or playgrounds—ample parking spaces to
accommodate the parldng requirements for the expected use as determined by the
Board .
8 . For commercial recreation facilities—one parking space for each 200 square .beet
of enclosed space for indoor facilities , plus for outdoor facilities one parking
space her each 7 , 504 square feet, or major ILeebon thereof, up to a maximum ten
( 10) spaces , and thereafter, one parking space for every 20, 004 square feet, or
major fraction thereof •
h . For a restaurant, club, lodge or similar use---orrc parking space for each 150
square feet of floor area.
10 . For any retail shop or store—five (5 ) parking spaces for each 1 , 000 square feet of
boor area.
11 , For any gasoline filling station—one parking space per pump island, plus
applicable parking for all other uses on the site.
12 . Far a shopping center—five ( 5) parking spaces tLr each 1 ,000 square feet of floor
area up to 25 , 004 square feel, then four (4) parking spaces for each 1 , 004 square
#eel thereafter.
13 . For a professional office, studio or bank (except medical and dental offices)—one
parking space for each 250 square feet of floor area
14 . For medical and dental offices and clinics—one parking space for each I50
square feet of gross floor area
15 , For research offices and laboratories--one parking space for each 240 square feet
411 of floor area or ens parking space for each two employees working eu die largest
shift, whichever is greater.
I
i'age56icuir
TI3 2- 1612
16. Home Occupation Level 2—in addition to the Dwelling Unit parking space
requirement, ample parking space to accommodate the parking requirements of
the expected use determined at the time of the Special Use Permit hearing,
17 , For a hospital , nursing home, similar use— one parking space for each four (4)
beds, plus one parking space for each employee per shift.
18 . For machinery display and repair uses—one parking space for each two
employees, plus one parking space for each 5 , 000 square feet, or major fraction
thereof, of Lot area .
1 . For manufacturing, assembly or other light industrial use--one parking space
for each two employees per shift.
fl _ For lumber, building materials and other similar storage yards—eoe parking
space for each two employees, plus one space for each 5 ,000 square feet or major
fraction thereof of storage area,
1 . For wholesale, storage and warehouse facilities—one parking space for each
2,000 square feet of warehouse space, plus one parking space for each 250 square
Feet of office space.
2 . For all service uses such as printing, welding, plumbing and similar shops—one
parking space for each employee or one parking space for each 500 square feet of
floor area devoted to such use , whichever is greater.
3 , For a boarding house, bed-and-breakfast establishment and bed-and-breakfast
home—in addition to the Dwelling Unit parking requirement, one parking space
For each bedroom to be rented .
SU . In order to encourage safe and convenient traffic circulation, the Board may require the
interconnection of parking arem in adjacent Lots via assess drives within and between
such Lots. The . Board shall require written assurance andlor deed restrictions,
satisfactory to the Board , binding the owner, and the successors and assignees of the
owner to maintain such ieUmeoosetion of parking areas ,
D. Every use requiring receipt or distribution of materials or merchandise by motor vehicle
shall have one or more Loading Berths or other dedicated space for standing, loading and
unloading according to the following tables. Such Loading Berth shall be of e sufficient
size to allow normal loading and unloading operations appropriate to the use of the
property , and such space shall not be used for parking of vehicles or storage of materials,
or to meet the off-street parking requirements.
OFF-STREET LOADING BERTH REQUIREMENTS
Land Use Classification Loading Berth Requirement:
Hotel/motel uses 1 Loading .Berth for every 100,000 square feet of
floor area, to a maximum of 3 Loading Berths,
Light Industrial and Minimum number of .Loading Berths required as
commercial uses : follows :
Less than 25 ,000 square feet 1
Pager of 114
1k 2- 16- 12
25 ,000 to 49,999 square feet 2
50,000 to 99,999 square feet 3
Each additional 1 00,000
square feet 1 additional Loading Berth
This subsection ID shall apply to new Structures or additions to existing Structures, and
these requirements shall riot be considered to make any existing uses nonconforming
uses because of the lack of such off-street Loading Berths .
E. For all uses requiring site plan approval or a Special Use Permit, applicable Iacilities for
bicycle parking, as determined by the Board , shall be provided .
F . Landscaping and Layout of Parking Areas .
1 - a . A landscaping .plan for parking areas shall be submitted for those uses
requiring site plan review or a Special Use Permit,
b . All areas in a parking lot not required for parking spaces or access
drives shall be suitably landscaped and maintained and shall include
the use of shade trees as herein provided .
2 . In off-street parking facilities with 25 or more parking spaces, at least 15 % of the
land within the perimeter of the area dedicated to parking shall consist of raised
landscaped islands , except that the Board may waive or modify this reyuiroment
fix good cause shown and in the interest of good design , when fewer than 50
parking spaces are required .
a. Landscaped islands shall be located at the ends of each parking bay
which contains ten ( I0) or more parking spaces . separating adjacent
rows of parking spaces at least every second parking bay and
elsewhere as determined appropriate by the Board in order to direct
vehicle movement, provide for plant growth and vehicle overhang,
provide for pedestrian circulation and otherwise help assure proper
traffic circulation, pedestrian safety and aesthetics . Such landscaped
islands and the plantings within them shall be designed and arranged
so as to provide vertical definition to major traffic circulation aisles,
entrances and exits ; to safely channel internal traffic flow; to prevent
indiscriminate diagonal movement of vehicles; to provide cooling
shade and relief from the visual impact, monotony and heat of large
expanses of paved areas ; and , where appropriate, to accommodate
stormwater management practices such as bioretention areas, swales
and sand filters.
b, Unless modified by the Board, the minimum width of landscaped
islands shall be eight ( h) feet when located at the ends of parking bays
SEi ssetira
TI) 2- 1 &- 12
110 and ten ( l 0) feet where separating opposing rows of parking spaces or
adjacent to circulation aisles . All corners shall be rounded with a curb
radius of riot less than three feet unless otherwise required by the
Board .
c . The landscaping of off-street parking areas shall include at least one
shade tree of not less than three inches caliper (dbh) for each six (6)
parking spaces . Main traffic circulation aisles shall be emphasized
with such shade trees. Other landscaped islands may be planted with
flowering trees and/or other plantings, as appropriate. The shade tree
planting is in addition to ground cover, shrubs and hedges which we to
be provided where appropriate to serve their intended function while
not interfering with safe sight distance for pedestrians and vehicles,
d . The Board may also permit non-lrrtbroaped islands , if appropriate for
purposes such as pedestrian circulation, snow storage and so horth .
Such islands shall not be less than four feet ht usable width .
e , in addition to the buffer requirements of section 909, all off-street
parking and loading facilities shall also be attractively landscaped .
along their periphery , Such landscaped screening shall be a minimum
of ten feet in width . The buyer shall consist of evergreen planting of
I such type, height, spading and arrangement as, in the judgment of the
Board, will serve the intended function. The Board may aliow or
require a landscaped komt , wall or fence of location, height, design
and materials determined suitable by the Board to be substituted for or
to supplement the required screen planting.
f New plantings shall be comprised of appropriate native species and
shall not include those invasive species on the " Invasive Plants of
Tompkins County" list.
Cr No parking Facilities shall provide mom than 120% of the minimum number of parking
spaces required by this section unless expressly approved by the Board in approval .
H . tormwater Management, Use of Pervious or Porous Materials ,
2 . All parking facilities shall be designed in compliance with the town' s Stonowater
Management, erosion and Sediment Control law.
. Notwithstanding subsection CO) above, where feasible and appropriate, the use of
pervious or porous materials in the construction of parking facilities is
encouraged, including the use of crushed stone, porous asphalt and concrete
mixtures and blocks or brick laid in sand _ The porous or pervious surfaces can
cover the entire lot, or certain areas, such as parking stalls . Porous surfaces should
PEiges9orn4
TB 2- I (• 12
be designed to encourage the direct infiltration and cleansing of stornnwater, to
reduce adverse environmental impacts of large impervious parking areas .
I . In the case of two or more different uses located on the same lot, the sum of the space
required for all uses individually may be reduced to an amount no less than 125 percent
of the largest number of spaces required by any single use, upon a determination by the
Board that such a reduced amount of parking space will be adequate to serve all uses on
the lot due to their different character and hours of operation .
.i _ Parking spaces for the handicapped shall be at least eight ( 8 ) feet in width and shall have
an adjacent access aisle at least eight (h ) feet in width or as otherwise required by the
New York State Uniform Fire Prevention and Building Code .The minimum number of
handicap accessible spaces shall also be as required by such Code. The eight (8)-foot-
wide access aisle may be shared by two adjacent handicap parking spaces and shall be
part of an accessible route to the building or use which it is designed to serve . Such
spaces shall be appropriately located and clearly identified and limited in their use by
appropriate signage and pavement markings .
. Reduction of Required Number of Parking Spaces .
1 . If the Board determines that less than the required number of parking spaces
required by this section will satisfy the intent of this Ordinance based upon the
proposed use, and such other factors as the Board may determine, the Board may
40 reduce the number of parking spaces to be initially provided by up to 501/4 of the
number of spaces otherwise required .
d . In granting such a reduction in the required number of spaces, the Sparking plan
must provide for sufficient area to accommodate the number of parking spaces
otherwise required by this section before such reduction, including maneuvering
areas, landscaping, stormater management facilities, and otherwise required
improvements .
3 . All such reserved areas shall be maintained as landscaped grounds until required
for parking.
4. In the event the Board determines, elhar a public hearing on at least 10 days prior
notice to the property owner and the public, that the reduced number of parking
spaces are not sufficient for the cuwerrt use of the property, the Board may then
require the construction of some or all of the parking spaces originally required
but not yet provided . The failure of the properly owner to comply with the order
of the Board to construct such parking facilities within six (6) months of the data
of such order shall be grounds to revoke any Certificate of Occupancy issued by
the Code Enforcement Officer.
L. For residential Lots : any unoccupied camping trailer, utility trailer, boat andlor boat
trailer, or recreational vehicle may be parked on the Lot _ Outside parking shall be at the
e rs 10 1. 15
•rB 2- 16- 12
rear or side of the Dwelling but shall not be closer than five Feet to any side or rear
property line,
Section 903 : Signs
A. The intent and purpose of this section is to establish specifications for Signs in all zones
in the Town of Dryden , Compliance with these regulations will permit proper
identification of the use of or the address of the premises, preserve and enhance the visual
character of the area, and prevent Sign installations that are distracting or hazardous to
vehicular or pedestrian traffic .
B. In general, and unless otherwise specified in this section, no portion of any Sign shall be
located closer than 15 feet to any Highway line. Except for an Outdoor Advertising
Billboard, all Signs shall he located on the premises to which they pertain _
C . Al I uses allowed by this Ordinance , including those allowed by use-variance and special
use permit, may have Signs in accordance with the following specifications :
1 . Sips required by law.
2r Signs ofa government or utility company not to exceed 32 square feet.
3 , Residential Signs :
a. One Sign, riot to exceed one ( 1 ) square foot, for each Dwelling Unit,
br One Sign, not to exceed 10 square feet for a Multi -Family Dwelling,
Bed-and- Breakfast Establishment or Bed -and- Breakfast IHome. and
Home Occupation Level 2 in addition to a Sign for the Dwelling Unit.
c . One Sign , not to exceed three (3) square feet, for each Home
Occupation Level 1 in addition to a Sign for the Dwelling Unit.
4 . Commercial and Light industrial Signs : The number of Signs and the size of each
Sign are shown in Table 1 for the respective use category. Signs may be free
standing or placed on the exterior surface of the Structure .
TABLE I
Size, Free Standing : Number of Maximum Maximum Remarks
Use Category Signs Square Feet Size on
Facade
hige el of 114
TB 2- 16- 12
r
• Sign on an exterior
surface shall not
a . Retail business not in exceed 25% of such
shopping center 2 40 25% area, and may be in
pp g addition to the other
Signs permitted in
this category.
b. Retail business in l 16 16 Sq. Ft.
shopping center
For a Sign facing
C . Shopping centers or a Highway, a
plazas ; manufacturing, 2 160 20% minimum setback
assembly or light industrial of 30 feet from
uses the Highway line
is required .
Size, Free Standing: Number of Maximum Maximum Remarks
Use Category Signs Square Feet Size on
Facade
d. Wholesale sales, storage,
printing, welding, plumbing, and
similar uses; automobile and
machinery sales, service, washing 2 80 20%
11111 and maintenance; commercial
indoor recreation; motels, outdoor
theater
e . Offices and laboratories 1 80 20%
In addition, two
f Gasoline stations 2 32 10% advertising Signs not
to exceed 10 sq . R.
are allowed.
g. Camps, clubs, outdoor
recreation facilities, schools, 2 24
churches
h . Farm Stands 3 16
5 . Signs advertising the sale, lease or rental of the premises upon which the Sign is
located : One ( I ) Sign, not to exceed 10 square feet if not located on the Building
and one ( 1 ) sign not to exceed 50 square feet if located on the Building.
6 . Temporary Signs denoting the architect, engineer, or contractor placed on
premises where construction , repair, or renovation is in progress : One ( 1 ) Sign not
to exceed 32 square feet .
7 . a. Billboards : Billboards shall be allowed only by Special Use Permit and
shall not :
Page 62 of 114
'rri 2- 16- 12
® i . exceed 160 square feet .
ii . have more than two faces on any one structure , whether the
faces are back to back, side by side or one on top of the other.
iii . be located closer than 30 feet from any Highway line.
iv . be located within one-half mile from another Billboard, or
closer than 500 feet from the boundary of a residential or
commercial zone, or any residential or commercial zone within
the Village of Dryden or the Village of Freeville.
v. exceed 15 feet in height, including support, measured from the
elevation at the edge of the paved surface of the Highway
adjacent thereto .
b . In considering an application for a Special Use Permit, in addition to
the other requirements of this Ordinance, the Board shall take into
consideration the size, type of construction , design ; location and its
effect on surrounding property, safety of vehicular traffic• and
maintenance provisions , including a provision for removal of the
Billboard, if abandoned.
• c . Setback at intersections : An Outdoor Advertising Billboard , except
those attached to a Building, shall not be located closer than 300 feet
from a Highway intersection .
d . Maintenance of Outdoor Advertising Billboards : All Outdoor
Advertising Billboards must be kept in good repair, be clean, neatly
painted or placarded, and free from all hazards including, but not
limited to faulty wiring, loose fastenings or damaged supports. The
Billboard shall not be dangerous to the public health or safety . If the
Code Enforcement Officer shall find that any such Billboard violates
any of these provisions, he shall give written notice of such violation
to the owner of the land, and the Billboard shall be removed or the
deficiencies corrected within a period set in such notice but not less
than 30 days from such notice .
e. in the event that the owner of the Outdoor Advertising Billboard or the
owner of the land on which it is situate shall fail or refuse to repair or
remove such Billboard within any required period, the Code
Enforcement Officer may remove or repair of such Billboard . All costs
and expenses incurred in the removal or repair of such Billboard shall
be collected from the owner of the land or the owner of the Billboard
• in an action at law, or such costs and expenses may be assessed against
the owner of the land upon which the Billboard is situate and shall be
Pagc 63 of 114
T13 2- 16- 12
collected as part of the town tax next due. No such amount shall be so
assessed and collected unless a notice in writing of the amount due has
been sent to the owner of the land on which the Billboard is erected
prior to the first day of September of the next year in which the
amount is to be assessed and collected along with the town tax.
8 . Boarding House , Bed-and- Breakfast Establishment, or Bed-and -Breakfast Home :
One ( 1 ) Sign not to exceed six (6) square feet with indirect lighting only . If a
Special Use Permit is required , the Sign is subject to the approval of the Board .
D . 1 . Illumination of any Sign shall employ only light emitting a constant intensity . No
Signs shall be illuminated by or contain flashing, intermittent, rotating, or moving
light. In no event shall an illuminated Signs be placed or light directed so that the
illumination is directed upward resulting in light pollution , or be directed upon a
Public Highway, sidewalk or onto the adjacent premises or that results in glare or
reflection that constitutes a traffic hazard or a nuisance.
2 . Signs shall be illuminated by a shielded light source, or sources , to restrict the
area illuminated to the Sign face, and downward .
F . Advertising letters or symbols on opposite sides of a Structure less than one foot thick
shall be considered as one Sign.
F . If a Sign consists of independent, detached letters or symbols, the area of said Sign shall
be determined by measuring the area within a polygon enclosing all of such letters or
symbols .
•
G . No freestanding Sign and its structure shall exceed 15 feet in height.
H . Where permitted on Buildings, Signs shall be on the exterior wall of the Building and no
portion of a Sign or its support structure shall extend above the fascia or be mounted on
the roof or above the roof. •
Section 904 : Obstruction to Vision
On any corner Lot - no hedge, fence, planting, wall, or Structure shall be permitted nearer than
15 feet from the Highway lines if such will result in an obstruction to the vision of motorists.
Section 905 : Flight Hazard Area
A . For the purposes of this section " Flight Hazard Area" shall mean that area as defined by
Article 14 of the General Municipal Law and pursuant to the applicable statutes, codes,
rules and regulations of the Federal Aviation Administration .
Page 64of114
•
TO 2- 16- 12
B . 19 Except as provided herein , all uses may be allowed in the Flight Hazard Area of
the Ithaca Tompkins Regional Airport.
2 . No Multi -Family Dwellings, hospital , nursing home, or place of public assembly
shall be allowed in an area designated as a Flight Hazard Area for any private
airport or heliport.
C . Before any Building Permit can be issued for any Structure or use in the Flight Hazard
Area of the Ithaca Tompkins Regional Airport, the Code Enforcement Officer shall be
satisfied that such Structure or use complies with all applicable federal, state and local
statutes, codes, rules and regulations for the use or construction of property within a
Flight Hazard Area.
Or Before a Building Permit can be issued for any Structure or use allowed in the Flight
Hazard Area of any private airport or heliport, the Code Enforcement Officer shall be
satisfied that such Structure or use complies with all applicable federal , state and local
statutes, codes, rules and regulations for the use or construction ofa Structure within such
Flight Hazard Area.
Section PPR Abandoned Cellar Holes and Buildings
Within one ( 1 ) year after work on any excavation for a Structure has begun, such disturbance
10 most be waded to final contours or, if no construction was begun , the excavation must be
restored to the pre-existing grade. Any Structure substantially damaged or destroyed by any
casualty shall be rebuilt or demolished within one ( 1 ) year following such damage or destruction
except as providers in Article XVI . Any cellar remaining after demolition or destruction of a
Structure from any casualty shall he restored to grade within one ( I ) year following such
demolition or destruction ,
Section PBA Farm Stands
Ar A Farm Stand shall be at least hb feet hom the Public Highway centerline.
B . A Farm Stand shall provide a safe means of ingress/egress and parking for customers '
motor vehicles .
Section 908: Outdoor Storage
Outdoor storage/display may be allowed as an accessory use, provided that such storage/display
areas are screened from all highways and residential areas , Such storage/display area shall not
encroach on any yard setback, nor be located in any designated landscaping/buffer area set forth
on an approved site plan .
•
P4pRE 65 011 -
TI3 2- 16- 12
Section 909 : Landscaped Buffer Requirements for Multi-Family and Non-Residential
Uses
A . Alt portions of Multi-Family and non- residential Lots which are not used for Structures,
off-street parking and loading areas, sidewalks or similar purposes shall be landscaped
and permanently maintained in such manner as to minimize erosion and stone ater
runoff and harmoniously blend such uses with the surrounding residential character.
B . Multi-Family or non-residential uses abutting or directly across a Highway from any
residential property in a CV, H , NR , RA , RR or TNDD District, shall have a Buffer Strip
along or facing any common property lines. Such Buffer Strip shall comply with the
following minimum standards :
1 . It shall he a planting of such type , height, spacing and aroangeinent as, in the
judgment of the Board, will effectively screen the activity on the Lot from the
neighboring residential area . in the case of industrial uses, plantings shall be at
least six ( ) feet high at planting and at least 12 feet high at maturity .
It shall be at least 20 feet in width , except in conjunction with industrial uses, in
which case the buffer strip shall be at least 30 feet in width.
ti
. No site improvements, including parking areas, shall be allowed within if feet of
the inside edge of any buffer strip,
4 . A wall or fence of location, height, design and materials approved by the Board
may be substituted, for part or all of the required planting and buffer area.
5 . Where the existing topography and/or landscaping provide adequate screening, the
board may waive or modify the planting and/or buffer area requirements.
Section 910: Exterior Lighting
All exterior lighting in connection with Al Structures, Signs or other uses shall be directed away
from adjoining highways and properties and shall not cause any glare observable from arch
highways or properties . Hours of illumination may be restricted by the Board in any site plan
approval or Special Use Permit . No use shall produce glare an as to cause illumination beyond
the property on which it is located in excess of 0 . 5 footcandies , Light fixtures shall be designed
to prevent light pollution by shielding the light source and directing light downwards, awny from
the night sky.
Section 91. 1 ; Use of Native Species of Plants Required
•
Page 6/6 of 114
TB 2- 16- 12
No required landscaped Buffer Strip, Site Plan or other required landscape plan or planting
schedule shall contain or propose an Invasive Species, and no Invasive Species shall be planted
or maintained in such Buffer Strip, landscape plan or plantings.
ARTICLE X: PLANNED UNIT DEVELOPMENT DISTRICTS
Section 1000 : Purpose
A Planned Unit Development (PUD) is intended to provide for a variety of land uses planned and
developed in a manner which will provide community designs that preserve critical
environmental resources, provide Open Space amenities, incorporate creative design in the
layout of Buildings, Open Space and circulation of vehicles and pedestrians ; assure compatibility
with surrounding land uses and neighborhood character; and provide efficiency in the layout of
Highways, utilities, and other Municipal Facilities.
Section 1001 : Land Use and Development Regulations
A PUD district is a new zoning district that replaces part or all of an existing zoning district or
districts . The development standards and land uses in an approved Development Plan shall be the
zoning regulations, standards, and land uses in the PUD district. Upon approval of a
Development Plan as herein provided , the Town of Dryden Zoning Map shall be revised to
• identify the area covered by each PUD district.
Section 1002 : Permitted Types of PUl) Development
A . Within an approved PUD district, the following types of development are permitted :
1 . Single-Family Dwellings with no increase in permitted density;
2. Single-Family Dwellings with an increase in otherwise permitted density ;
3 . Multi -Family Dwellings with or without Single- Family Dwellings, and with or
without an increase in otherwise permitted density;
4 . Single-use nonresidential development, such as Office Buildings or commercial
development ;
5 . Nonresidential uses combined with either Single- Family Dwellings, Multi -Family
Dwellings, or both, with or without a change in otherwise permitted density.
B . All uses listed in the Concept Plan and Development Plan applications must be a
permitted or accessory use in one of the town' s zoning districts, except adult uses which
are restricted to the LIO-A District.
•
Page 67of114
m2- 16- 12
2- 16- 12
® Section 1003 : Procedure for Review and Approval
An application for a PUD district shall consist of a PUD Concept Plan and PUD Development
Plan . A PUD zoning district is established at the same time a PUD Development Plan is
approved by the Town Board . This following procedure shall apply to the creation of a PUD
district:
A . Pre-Application Conference.
Prior to submitting a PUD Concept Plan application, the applicant shall meet with the
Planning Department to review the zoning regulations of the project area, review the
procedure and discuss the proposed use and development of the project area. The
applicant shall not be required to present any written or graphic materials at the pre-
application conference, but a sketch plan is encouraged . The Planning Department shall
furnish the application forms required for the Concept Plan and Development Plan
approvals . The application forms shall require such information and submittals as may
reasonably be required by this Ordinance and the Planning Department and shall be
approved by the Town Board.
B . Concept Plan .
A PUD Concept Plan and application for approval shall be submitted in accordance with
• the requirements of this subsection (B) .
The Concept Plan shall include:
1 . A list of the uses for which PUD approval is requested and whether they are
permitted uses or accessory uses in this Ordinance and the section of this
Ordinance under which they are permitted .
2 . Evidence of ownership or control of the PUD project area.
3 . An accurate map of the project area including the relationship of the project area
to the surrounding area, existing topography and key geographic, environmental
and existing development features.
4 . A written outline for the Development Plan and visual representations of the
development concept. The outline of the Development Plan and visual
representations shall include the following :
a. The planning objectives and the character of the proposed
development and the approximate phases in which the development
will be built;
b. A statement as to why the proposed development could not be
considered outside of a PUD ;
Page 68 or 114
TD 2- 16- 12
• c . The approximate location and type of existing nearby developed areas,
such as neighborhoods, villages and hamlet centers ;
d . The number and type of Dwelling Units proposed, including the
proposed density and the approximate location, arrangement, use and
size of any nonresidential Structures and all parking facilities ;
e . The approximate proposed traffic and pedestrian circulation plan.,
including Public Highways, pedestrian and bike paths , and trails;
f. The approximate location of any proposed Open Space and any
proposed community and Municipal Facilities, and any floodplain,
wetlands or other areas designated for presentation as Open Space;
g. A statement describing how the Development Plan and proposed PUD
will comply with the Town ' s Comprehensive Plan , and further the
goals described in the Comprehensive Plan ;
h . A statement or visual representation of how the Development Plan and
PUD will relate to and be compatible with adjacent and existing
neighborhoods ;
• i . Such other additional information as the Planning Department shall
reasonably require in order to determine compliance with the
requirements for a Concept Plan;
j . A Full Environmental Assessment Form (EAF) and Visual Addendum;
k. For projects proposing a greater density than otherwise permitted in
this Ordinance, a proposed amenity package consistent with the size
and scope of the project including, but not limited to, the amenities
described in Section 802(E)(2).
C . Procedure; Approval and Effect of Approval of Concept Plan.
1 . After the Planning Department determines that a Concept Plan is complete, it
shall forward it to the Town Board for its initial review. The Town Board shall ,
within 60 days of receipt of the Concept Plan , by resolution, either reject the
Concept Plan, refer the Concept Plan back to applicant with requested changes,
modifications or clarification, or refer the Concept Plan to the Planning Board for
its review and recommendations concerning the approval by the Town Board of
the Concept Plan .
411
Page 69 of 114
I
TB 2- 16- 1l
2 . Once referred to the Planning Board, the Planning Board shall hold a public
hearing on the Concept Plan prior to making its recommendation to the ' Town
Board ,
3 . The Planning Board shall , within 60 days of its receipt of a Concept Plan , by
resolution, make a written recommendation to the Town Board that the Concept
Plan be approved as submitted , approved with modifications , changes or
conditions ; or rejected. Any such modifications , changes or conditions, and
reasons for rejection shall be detailed in the recommendation. If the
recommendation is to approve as submitted or to approve with modifications,
changes or conditions, the recommendation shall also contain the Planning
Board ' s comments on the Full EAF and Visual Addendum .
4. Following the receipt of the recommendation of the Planning Board, the Town
Board shall , within 60 days of such receipt of the recommendation of the Planning
Board , determine by resolution whether or not to approve the Concept Plan and
authorize the applicant to prepare and submit a Development Plan , The Town
Board may reject the Concept Plan, approve the Concept Plan with modifications,
changes or conditions, or approve the Concept Plan as presented . The approval of
a Concept Plan with modifications , changes or conditions , or as presented shall
constitute an authorization for the applicant to prepare and submit a Development
Plan as herein provided _ No Development Plan may be submitted without such
411 'down Board authorization.
5 . Prior to the approval of a Concept Plan, the Town Board shall comply with
PCB.
69 A KID district is not approved until the Development Plan has been approved by
the Town Board following a public hearing as provided in subsection (D) below ,
7 . All public hearings by the Planning Board and the Town Board shall be subject to
the procedural and notice requirements of Town Law § § 264 and 2659 Since the
approval of a Development Plan results in e new zoning district, the decision to
approve a Concept Plan and Development Plan is a legislative action .
D . Procedure; Approval and Effect of Approval of Development Plan .
An applicant shall submit a Development Plan for the PAD within 270 days of approval
of the Concept Plan by the Town Board . The Development Plan shall be submitted in
accordance with requirements eel forth in this subsection (Pt) .
19 Written documents :
a, if the development is to be built in phases, a development schedule
indicating :
110
Page 70of114
TB 2- 16- 12
i . "I 'he approximate date when construction of the project can
expect to begin ;
ii . The stages in which the project will be built and the
approximate date when construction of each stage can be
expected to begin ;
Approximate date when the development of each stage will be
completed ;
iv . The area and location of Open Space, community and
Municipal Facilities , and presewed floodplains, wetlands, and
other areas that will be provided at each stage ,
b . Proposed instruments, including but not limited to development
agreements, contracts, covenants, deed restrictions, easements and
offers of dedication for Public Iighways and Municipal Facilities and
for the preservation and management of Open Space, floodplains ,
wetlands, and other areas _
2 . Development Plan and graphics with supporting maps ;
• a. Existing project area conditions including contours at live foot
inter ?als;
b . Proposed hot lines;
c , fhe location and size of floodplains , wetlands, and other areas, for
which preservation measures will be adopted, and the location and size
of any other areas to be conveyed, dedicated , or reserved for Open
Spaces, public parks , recreation, schools, and similar public and semi -
public uses ;
d . The location, types, and density or intensity of each proposed use;
e. The hoar area and height of all Dwelling Units and nonresidential
Structures and architectural drawings and sketches that illustrate the
design and character of proposed Structures .
, Impact on Municipal Facilities .
in its resolution authorizing the filing of a Development Plan, the Town Board
Olaf require such studies, reports or opinions , including an engineering study or
report addressing the ability of the capacity of existing or proposed Highways and
other Municipal Facilities to serve the PUD including, but not limited to, a wxthc
impact study or other infrastructure capacity study _ Such studies, reports or
Page 71of114
TB 2- 16- 12
opinions required by the Town Board shall accompany the Development Plan in
order to determine whether the Development Plan and the project will comply
with the approved Concept Plan , the requirements of this Ordinance , and other
applicable statutes, rules, regulations and ordinances, and whether the capacity of
the existing or proposed Highways and other Municipal Facilities are sufficient to
serve the PUD .
4 . When the Planning Department determines that the Development Plan is complete
for review, it shall forward the Development Plan to the Planning Board for its
review and recommendation _ The Planning .Berard shall , within 60 days of its
receipt el a Development Plan, by resolution, make a written recommendation to
the Town Board that the Development Plan be approved as submitted, approved
with modifications, changes or conditions, or rejected . Any modifications,
changes or conditions, and reasons for rejection shall be detailed in the
recommendation .
E. Public Hearing and Decision.
1 , The Town, Board shrill , within 60 days of the receipt of the recommendation of the
Planning Board , hold a public hearing with respect to the approval of the
Development Plan .
. a . The Town Board shall , within 60 days of the close of the public hearing,
approve or reject the Development Plan, or approve the Development Plan
subject to conditions, Any approval or approval subject to conditions shall
be based on the requirements of this Ordinance, the approved Concept
Plan, the goals , policies, and guidelines of the Town ' s Comprehensive Plan
and the Town' s Commercial Development and Residential Development
Design Guidelines.
b. The approval of the Development Plan by the Town Board shall constitute
an amendment to this Ordinance _ The Development Plan shall establish the
density and intensity of uses in the PUD District and the Development Plan
shall become the PUD District regulations .
F. Site Plan Review_
All Structures in a PUD District are subject to Site Plan Review as provided in this
Ordinance .
G. Extension el ' Pima .
All times for submittal , review, public hearings, reoommendaitoes and decisions may be
extended by mutual agreement in writing by the applicant and the Town Board,
I
Paec72ofEI4
TB 2- 16- 12
Section 1004 : Use of Design Guidelines
All PUD Development Plans shall incorporate to the maximum extent feasible the Town of
Dryden Commercial Development Design Guidelines and/or Residential Development Design
Guidelines, as the case may be.
Section 10115 : Minimum Lot Size and Width
There shall be no minimum requirements For Tot Area, Lot Width, Lot Coverage, Yards and
Structure Setback Lines, or Building .Height requirements in e PUD . All such Lot dimensional
requirements shall be governed by the approved Developmenthlan .
Section 1006 : Amendments to Development Plans
The Tovvr Board may approve minor amendments to a Development Plan without a public
hearing. A minor amendment is an amendment required by a technical or engineering
consideration ltrst discovered during development that could not reasonably have been
anticipated during the approval process, No such amendment shall be approved which would
change a permitted use or .Lot dimensional requirement .
Section 1007 : Development in Phases
The Town Board may approve a Development Plan for .PUD district conditioned upon
substantial completion of the development in phases as set forth in the Development Plan , If the
LTD , or any phase of the PUD, has not been substanitally completed according to the schedule
in the Development Plan, development and construction of subsequent phases may be suspended
or disapproved by resolution of the Town .Board following a public hearing as herein provided .
ARTICLE Xi : SITE PLAN REVIEW
Section 1101 : Purpose, Applicability and Authority
1 . I . The purpose of this article is to provide the specifications and necessary elements
to be included in a sketch plan and site plans for those uses which are subject to
Site Plan Review including, but not I irnited to , proposed parking, means of access,
screening, signs, landscaping, architectural features, location and dimensions of
buildings, adjacent land uses and physical features meant to protect adjacent land
uses .
f . This article is intended to supplement the substantive and procedural requirements
of Town Law § 274-a_
13 . Applicability. This article applies to all new Business Group Uses, or chases from one
Business Group Use to another; all new Community Group Uses, or changes from one
Community Group Use to another ; all new, or changes to uses within e UNDO District
and LRD District. all uses requiring a Special Use Permit, and all uses in a PUD district,
Page 25 IFfi l 14
TB 2- 16- 12
as well as any other uses for which Site Plan Review is required in this Ordinance,
C. Jurisdiction.
l . All Site Plan Reviews performed in connection with a Special Use Permit shall be
conducted by the 'Town Board .
2 . Unless otherwise provided , all other Site Plan Reviews shall be conducted by the
Planning Board .
3 . For simplicity sake, in this section, both boards are referred to as "the Board . "
Section 1102 : Site Plan Review and Approval Procedure
A. All applicants should refer to the Town of Dryden Residential and Commercial Design
(Guidelines and then meet the Planning Department prior to requesting a sketch plan
conference.
B . Applications for Site Plan Review shall be made on a form provided by the Planning
Department, The application must be received and reviewed by the Planning Department .
Once the application is deemed complete by the Planning Department, it will be
scheduled For a sketch plan conference with the Board,
C . the sketch plan conference with the Board shall precede the submission of a detailed site
plan.
D. The purpose of the sketch plan conference is to allow the Board to review the basic site
design concept, provide the applicant with constructive suggestions, and generally, to
determine the information to be required in the detailed site plan , In order to accomplish
these objectives , the applicant must :
1 . Provide a brief narrative and preliminary concept showing the locations and
dimensions of principal and accessory Structures, parking areas, and other
planned features and any anticipated changes in the existing topography and
natural features .
, Provide a sketch or map of the area which clearly shows the location of the site
with respect to nearby streets, rights-of-way, properties, easements and other
pertinent features within 500 feet.
3 . Provide a topographic or contour map to adequate scale and detail to show site
topography and natural features such as streams or wetlands.
4 . Provide a conceptual storirawater management plan consistent with this Ordinance
that outlines the approach to manage runoff and its post construction treatment on
• the site , A Stenorveter Pollution Prevention Plan does not have to be submitted at
this time, but a Notice of Ground Disturbance form is required ,
rage7401114
TB 2- 16- 12
5 . If not the owner of the land under consideration , provide written approval from
the owner to submit the sketch plan,
E. At the sketch plan conference, based upon the information provided , the Board will
determine any and all additional information required in the detailed site plan , Within 10
days of the completion of the sketch plan conference the Board shall provide in writing a
detailed list of necessary components for a complete application and detailed site plan
after the sketch plan conference .
A The Board may, in appropriate cases, waive further site Plan Review based upon the
information provided in the sketch plan odor review of the same.
G . Detailed site plans shall be reviewed by the Planning Department in order to determine
completeness . When deemed complete , the Planning Department will schedule a final
Site Plan Review and public hearing, ii!' required ,
H . The applicant shall supply all necessary materials for final Site Plan Review including
digital and paper copies of plans as required by the Planning Department ,
Section 11dd Application Content
A. At or following the the Sketch Plan conference the Board may request that the applicant
provide mom information , including, but not limited to any or all of the items from the
following list . ln determining the information it will require, the hoard may consider the
type of use, its location, and the size and potential impact of the project.
B . Site plan checklist :
1 . Title of drawing, including name and address of applicant and person responsible
for preparation of the drawing;
. Boundaries of the property, plotted to scale, and including north arrow, scale and
date;
3 . identification of public highways ;
4, Existing watercourses and wetlands;
5 . Grading and drainage plan showing existing and proposed contours;
. Location, design and type of construction, proposed use and exterior dimensions
of all buildings;
7. Location , design and type of construction or all parking and truck loading areas
showing ingress and egress to the public highway ;
0mirem
T13 2- 16. 12
8 , Provisions for pedestrian access including sidewalks along public highways .
Pedestrian facilities shall he ADA (Americans with Disabilities Act) compliant.
Sidewalks must be constructed continuously across all driveways ;
9 . Provisions for bicycle parking, such as bicycle racks or bicycle lockers as
appropriate . All bicycle parking devices shall be provided in accordance with
guidelines published by the Association of Pedestrian and Bicycle Professionals
(APBP) . Some portion of bicycle parking should be provided in a covered area
protected from the weather;
10 . Location . type and screening details of waste disposal containers and outdoor
storage areas;
I 1 _ Location, design and construction materials of all existing or proposed site
improvements , including drains , culverts, retaining walls and fences ;
I A Description of the method of sewage disposal and location ;
13 . Description of the method of securing potable water and location, design and
construction materials of such facilities;
14 Location of fire and other emergency zones, including the location of :ire
hydrants;
15 _ i ocation, design, and construction materials of all energy distribution facilities,
including electrical , gas and solar energy ;
16 . Location, height, size, materials, and design at all proposed signage;
17 . Identification of street number(s) in accordance with any applicable 911
numbering system, and method for ensuring that building identification numbers
are installed in a manner that will be visible to emergency responders during the
day and night;
18 . Location and proposed development of all buffer areas, including existing
vegetation cover ;
19 . Location and design of outdoor lighting facilities ;
0 . Location, height, intensity, and bulb type otall external lighting fixtures ;
2, 1 _ Direction of illumination and methods to eliminate glare onto adjoining
properties;
22 . Identification of the location and amount of building. area proposed for retail sales
or similar commercial activity;
Page 76 of 114
TR 2- 16- 12
23 . Proposed limit of clearing showing existing vegetation . Individual trees with a
diameter at breast height ( DBH ) of 12 inches or greater within the cleating line
shall also be shown, if the Board finds that there are uniquely beneficial species
on the site andlor exceptionally mature trees ;
24, Landscaping plan and planting schedule ;
2 _ Estimated project construction schedule;
26. Record of application for and approval status of all necessary permits from state
and county agencies;
27 . Identification of any state or county permits required for the project;
28 , Other elements integral to the proposed development as considered necessary by
the Board ;
29 . Stormwater Ivionagement Plan as required by local law;
30 . bull Environmental Assessment Form or draft Environmental lnupact Staternent as
determined by the Board at the sketch plan conference .
Section 1104 : Hoard Action on Site Plan Review Application
A. bite inspections, The Board, and any such persons as they may designate, may conduct
such examinatioa• s, tests and other inspections of the site deemed necessary and
appropriate.
B . Public Hearing _
I , The Board may hold a public hearing.
2 , in determining whether a public hearing is necessary , the Board shall be guided
by the expected level of public interest in the project.
f . Applicants may request a public hearing. When an applicant requests a public
hearing, no site plan review may be disapproved without such a hearing ,
C . The Board 's review of the site plan shall include, but is not limited to, the Following
considerations =
]
. Location, arrangement, size, design, and general site compatibility of buildings ,
lighting, and signs;
S . Adequacy and arrangement of vehicular traffic access and circulation, including
Pug 77Grim
TB 2- I & 12
intersections, road widths, pavement surfaces, dividers, and traffic controls ;
3 . Location, arrangement, appearance , and sufficiency of off-street parking and
loading;
4 . Adequacy and arrangement of pedestrian traffic access and circulation , walkway
Structures, control of intersections with vehicular traffic , and overall pedestrian
convenience;
5 . Adequacy of stormwater and drainage facilities ;
6 . Adequacy of water supply and sewage disposal facilities;
7 . Adequacy, type, and arrangement of trees, shrubs and other landscaping
constituting a visual and/or noise buffer between the applicant's and adjoining
lands, including the maximum retention of existing vegetation ;
8 . Adequacy of fire lanes and other emergency zones and the provision of fire
hydrants ;
9, Adequacy of the site's ability to support the proposed use given the physical and
environmental constraints on the site , or portions of the site ;
10 . Special attention to the adequacy and impact of Structures, roadways and
landscaping in areas susceptibile to ponding, flooding and/or erosion,
11 . Conformance with the Town' s residential and Commercial Desio Guidelines to
the maximum extent practicable ;
1 . Completeness of the application and detailed site plan in light of the Board ' s
requirements following the sketch plan conference .
D . No approval or approval with conditions shall be granted until the Board determines that
the applicant is in compliance with all other provisions of this Ordinance and other local
laws.
ARTICLE Li : SPECIAL USE PERMITS
Section 1201 : Special Use Permit Review
A. 1 . In this Ordinance some uses are allowed subject to a Special Use Permit being
granted by the Gown Board . The purpose of Special Use Permit review and
approval procedure is to assure that the proposed use is in harmony with this
Ordinance and will not adversely affect the neighborhood if the requirements of
this Ordinance and those conditions attached to the Special Use Permit by the
Page 78ofll4
TB 2- 16- 12
• Town Board are met,
2 , This article is intended to supplement the substantive and procedural requirements
of 'I own Law 274-b.
B . I . Jurisdiction, All Special Use Permit reviews and approvals are under the
jurisdiction of the Town Board_
2 . Special Use Permit Procedure, Al ! Special Use Permit reviews and approvals are
also subject to site plan review by the Town Board ,
_
I . Applications for Special Use Permits. Application for a Special Use Permit shall
be made on a form provided by the Planning Department . The application must be
received and reviewed by the Planing Department. Once the application is
deemed complete by the Planning Department, it will be scheduled for review
and/or a public hearing by the Board_
2 . At the time of submittal of the application for a Special Use Permit. the applicant
shall also apply for site plan review pursuant to the requirements of Article M.
No application for a Special Use Permit shall be deemed complete by the
Planning Department until completion of the sketch plan conference with the
III thrrr•n Board .
I
3 _ So far as practicable, the Town Beard shall review the Special Use Permit
application and detailed site plan at the same time .
D, 1 . SEQR, All applications fora Special Use Permit shall be accompanied by a hull
Environmental Assessment Porn or a draft Environmental Impact Statement.
Section 1202 : Town Board Action
The Board shall not issue a Special Use Permit unless it determines that the proposed use will
satisfy the standards set forth herein. In order to make such a determination, the Board may
attach reasonable conditions to its approval . Such conditions must be directly related and
incidental to the proposed Special Use Permit. The Town Board shall consider the standards
outlined below in their determination :
A . Compatibility of the proposed ore with the other permitted uses in the district and the
purposes of the district set Forth in this Ordinance ;
• 13 , Compatibility of the proposed use with adjoining properties and with the natural and
manmade en irewoeet;
2"w rs of 115
TB 2- 16- 12
C . Adequacy of parking, vehicular circulation: and infrastructure for the proposed use and
accessibility for fire, police, and emergency vehicles;
D, The overall impact on the site and its surroundings considering the environmental , social
and economic impacts of traffic , noise, dust, odors, release of harmful substances, solid
waste disposal, glare, or any other nuisances;
E . Restrictions anchor conditions on design of Structures or operation of the use (including
hours of operation ) necessary either to ensure compatibility with the surrounding uses or
to protect the natural or scenic resources of the Town ;
F, Compliance with the requirements for site plan review, including conformity to the
Town ' s Residential and Commercial Design Guidelines _
Section 1203 : Special Use Permit Lapse, Expiration and Revocation
A . A Special lire Permit shall be deemed to authorize only the particular special use or uses
specified therein .
if Unless otherwise specified by the fown Board , a Special Use Permit shall automatically
Iepse and expire eighteen ( 18) months after the date the decision is filed if the applicant
fails to obtain a building permit or fails to comply with the conditions of the Special Use
Permit,
C . Special Use Permit will expire it' the special use or uses shall cease for any reason for
more than twelve ( If ) consecutive months.
T. . A Special Use Permit may be revoked by the Town Board if the conditions of the Special
Use Permit are violated .
E . Special Use Permits shall run with the land and can be transferred to successive property
owners, unless the permit has expired or has been revoked for failure to meet the permit
conditions .
ARTICLE X111 : STANDARDS AND REQUIREMENTS FOR CERTAIN USES
Section 1301 : Special Use Permit and Other Uses Subject to Individual Standards and
Requirements
Uses allowed ial U Use by Specs �! Permit and other permitted uses which are subject to additional
standards and requirements and shall conform to the standards and requirements set forth in this
section, where applicable, in addition to all other regulations pertaining to such use .
Section 1302 : Adult Uses
•
rne80te114
TB 2- 16- 12
A. No adult use may be established within :
1 . Five hundred (500) feet of any Single- Family, Two- Family or Multi -Family
Dwelling or Structures devoted to both residential and commercial or business
purposes ;
2 . One thousand ( 1 ,000) feet of any public or private school ;
3 . Five hundred (500) feet of any church or other religious facility or institution ;
4, One thousand ( 1 ,000) feet of any public park ;
5 . Two thousand five hundred (2,500) feet of any premises licensed by the State
Liquor Authority under the provisions of the Alcohol Beverage Control Law.
Be Measurement of Distance . The distance provided in this section shall be measured by
following a straight line, without regard to intervening buildings, from the nearest point
of the property parcel upon which the adult use is to be located to the nearest point of the
parcel property from which the adult use is to be separated .
A. Additional requirements . In addition to the requirements above, the interior Structure of.
every Adult Entertainment Business -
1 . Shall be well lighted at all tunes and be physically arranged in such a manner that
We entire interior portion of the booths , cubicles, rooms or stalls, wherein the
Adult Entertainment Business is located, shall be clearly visible from the common
areas of the premises. 'Visibility into such booths, cubicles, rooms or stalls shall
not be blocked or obscured by doom, curtains, partitions, drapes, or any
obstruction whatsoever. It shall be unlawful to install enclosed booths, cubicles.
rooms or stalls within Adult Fntertaiiunent Business establishments for whatever
purpose . but especially for the purpose of. providing for the secluded viewing of
motion pictures or videotapes depicting specified sexual activities or specified
anatomical areas, or other types of adult entertainment businesses ; and
. The operator of each adult entertainment business shall be responsible for and
shall provide that any room or other area used for the purpose of viewing adult-
oriented motion pictures or other types of live adult entertainment shall be well
lighted and readily accessible at all times and shall be continuously open to view
in its entirety . The premises shall be equipped with overhead lighting fixtures of
eobicient intensity to illuminate every place to which patrons am permitted access
at an illumination of not less than one foot candle as measured at the floor level . It
shall be the duty of the operator and its agents to ensure that the illumination
described above is maintained at all times that any patron is present in the
premises,
Pagr f11 0€ 114
it
TT12- 16- 12
D. Additional screening_ The Planning Board may require that an adult entertainment
business cover or screen the entrances , doorways and windows to prevent viewing
activities inside the building or Structure from the outside .
Section 1303 ; Industry/Manufacturing Uses
A. No Special Use Permit for industrial or manufacturing uses in an LIO or LIO -A Zone
will be issued until the Board has been provided with a description of the proposed
industrial or manufacturing process. In addition to the requirements of Article AIL if it
appears that the proposed use will not produce conditions that are noxious, offensive or
hazardous to the health, safety or general welfare of the community, a Special Use Permit
may be approved . Special attention will be given to the disposal or storage of any wastes
or materials that could cause or contribute to pollution of any kind.
Zr A the performance characteristics are doudtAl , the Board shall require a determination
that :
I r Liquid wastes and effluent are to be treated and discharged in a manner approved
in writing by the Tompkins County Health Department or other agency having
jurisdiction thereof
A Disseminated smoke shall not exceed 3 on the Ringolmonn Smoke Chart .
3 . Protection against fire hazards, explosion and proper handling and storage of
combustible material shall be approved by the appropriate town fire official .
4 . No odors, vibration or glare will be evident at a point more than 150 feet from the
source of said odor, vibration or light.
5 , Noise from the proposed use shall comply with the restrictions of Section 1347 .
Section 1304; Mining (Quarries and Excavations, Topsoil Removal)
A . Mining is an allowed use by Special Use Permit only in the 1 A, ICA and LID cones .
B . 1 . For mines subject to the jurisdiction of the Department of Environmental
Conservation (ire. the removal from a mine site of more than 1 ,000 tons or 750
cubic yards, whichever is less, within twelve [ 1 ] successive calendar months) the
provisions of subsection D shall apply _
S 2 . For mines not subject to the jurisdiction of the Department of Environmental
Conservation the provisions of subsection U Than apply,
rom 81 of 114
Ili 2- 1 (i- 12
C . 1 . Any person who mines or proposes to mine from each mine site less than and not
more than 1 ,000 tons or 750 cubic yards, whichever is less, of minerals from the
earth within twelve successive calendar months shall not engage in such mining
unless a Special Use Permit (permit) for such mining operation has been obtained
from the Town Board . A separate permit shall be obtained for each mine site .
2 . Applications for Special Use Permits may be submitted for a term not to exceed
five years. A complete application for a new mining permit shall contain the
following :
a. completed application forms provided by the Planning Department;
b . a mined land- use plan ;
5 . a statement by the applicant that mining is not prohibited at that
location; and
di such additional information as the Planning Department may
reasonably require, including but not limited to the following :
i . proof of compliance with the required setbacks from property
boundaries or public highways ;
if manmade or natural barriers designed to restrict aece s if
needed, and , if affirmative , the type, length, height and location
thereof;
iii , control of dust;
iv, hours or operation; and
v. a Pull Environmental Assessment or draft Environmental
Impact Statement .
A Upon approval of the application by the "town Board and receipt of financial
security as provided in subsection 2 of this section, a permit shall be issued by the
Planning Department . The Town Board may include in permits such conditions as
may be required to achieve the purposes of this section _
4 A permit issued pursuant to this section , or a certified copy thereof, must be
publicly displayed by the perrnittee at the mine and must at all times be visible,
legible, and protected from the elements .
. The Town Board may suspend or revoke a permit for repeated or willful violation
of any of the terms of the permit or provisions of this section or for repeated or
Page $3eI' 134
1732- 16- 12
willful deviation from those descriptions contained in the reined land-use plan.
The Town Board may refuse to renew a permit upon a finding that the permittee
is in repeated or willful violation of any of the terms of the permit, this section or
any rule , regulation, standard , or condition thereto.
6 _ Nothing in this section shall be construed as exempting any permittee from the
provisions of any other law or regulation.
7 . The permittee or, in the event no application has been made or permit issued, the
person engaged in mining shall have the primary obligation to comply with the
provisions of this section as well as the conditions of any permit issued
thereunder.
8 . Permits issued pursuant to this section shall be renewable. A complete application
for renewal shall contain the following :
a. completed application forms provided by the .Planning Department;
b , an updated mining plan map consistent with the provisions of this
section and including an identification of the area to be mined during
the proposed permit term;
c, a description of any changes to the mined land- use plan ; and
d . an identification of reclamation accomplished during the existing
permit term,
D. I . Upon receipt at notice from the Department of Environmental Conservation
("department") that a complete application has been received by such department,
the Town Board shall hold e public hearing on such application , which for the
purposes or this Ordinance shall be deemed to be an application for a Special Use
Permit .
. At the Special Use Permit public hearing the Town Board shall determine what
conditions, if any, should be attached to the permit to be issued by the department,
which conditions shall be limited to the following pursuant to Environmental
Conservation Law § 23 -2703 (2)(b) :
a . ingress and egress to town highways ;
b. routing of mineral transport of vehicles on town highways;
c . the setback requirements of this section ;
41) d. dust control ; and
Page tea of I 14
-fB 2- 16- 12
0 e . hours of operation ,
3 . Following such public hearing the Town Clerk shall transmit to the department a
certified copy of the resolution of the Town Board which determines such
conditions .
4, In the event mining is not allowed by a Special Use Permit at the location set forth
in such application, the Planning Department shall so notify the department of
Such restriction .
E. I . Mined land- use plan. All mining and reclamation activities on the affected land
shall be conducted in accordance with an approved mined land -use plan. The
mined land-use plan shall consist of both a mining and a reclamation plan , and
any other information which the Planning Department deems necessary in order
to achieve the purposes of this section .
a. The mining plan shall consist of a written and graphic description of
the proposed mining operation, including the boundaries of the land
controlled by the applicant, the outline of potential affected acreage
and the general sequence of areas to be mined through successive
permit terms . The graphic description shall include the location of the
a mine and shall identify the land previously affected by mining
including, but not limited to, areas of excavation ; areas of overburden,
tailings, and spoil; areas of topsoil and mineral stock piles ; processing
plant areas; haalageways ; shipping and storage areas; drainage features
and water impoundments . The written description of the plan shall
include the applicant ' s mining method and measures to be taken to
minimize adverse environmental impacts resulting from the mining
operation .
b . The reclamation plan shall consist of a graphic and written description
of the proposed reclamation . The graphic description shall include
maps and cross sections which illustrate the final physical state of the
reclaimed land . The written description of the plan shall describe the
manner in which the affected laud is to be reclaimed , and a schedule
for performing such reclamation.
5 . A Full Environmental Assessment Form or a draft Environmental
Impact Statement may be submitted in lieu rrf a mined land-rise plan if
the Planning Department determines that it conforms to the
requirements of this section .
d . The 'down Board may, after notice and an opportunity for a hearing,
1• impose a reclamation it in the absence of an approved reclamation
rage. 55of114
TB 2 - 16- 12
plan or upon finding of noncompliance with or failure of an approved
reclamation plan.
2 , The reclamation of all affected land shall be completed in accordance with the
schedule contained in the approved mined land-use plan pertaining thereto . The
schedule, where possible, shall provide for orderly, continuing reclamation
concurrent with mining. The permittee shall submit to the Planning, Department a
notice of termination of mining within thirty (30) days after such termination _
Reclamation of the affected land shall be completed within a two-year period after
mining is terminated , as determined by the Planning Department, unless the
Planning Department deems it in the best interest of the Town to allow a longer
period for reclamation . The permittee shall submit to the Planning Department a
notice of completion of reclamation within thirty (30) days of such completion , if
the Planning Department fails to approve or disapprove the ofopoacy of
reclamation within ninety (Pd) days after receipt of the notice of completion of
reclamation , the permittee may notify the Plow-dog Deparmtent of such failure by
means of certified mail return receipt. If within thirty (30) days after receipt of
such notice, the Planning Department fails to mail a decision, the permittee shall
be relieved of the obligation to maintain financial security with respect to the
reclamation; provided , however, nothing herein shall relieve the permittee of the
obligation to accomplish adequate reclamation. The permittee shall file periodic
reports at such times m the Planning Department shall require, indicating areas
for which reclamation has been completed, The Planning Department shall
inspect such areas and notify the permittee whether the reclamation is in
accordance with the approved plan or whether there are deficiencies that most be
corrected .
F . I . The slope of the mine or other excavation shall not be nearer than 30 feet to any
boundary line of the Town, any property line or highway line (whether such
highway be within or outside the boundaries of the Town) or nearer than 350 feet
to any existing residence; and not nearer than 1 000 feet to the boundary of any
NR District.
. Ill huulageway roads shall have a dust-controlled surface not less than twenty-
two ( ) feet wide from the connection to a public highway to a point one
hundred ( 100) feet from the loading point, and such haulageway shall be properly
maintained by the permitee during the life of the mine.
CJ .
1 . Financial security for reclamation . before the Town Board may issue a Special
Use Permit, the applicant shall furnish financial security to ensure the
performance of reclamation as provided in the approved mined land-use plan and
naming the Town as beneficiary . financial security shall be in the form of a bond
with a corporate surety licensed to do business m such in New York or any other
form of security the 'Town Board may deem acceptable .
raeeRfinl' 114
TB 2- Iii- 12
2 , The Town Board shall determine the amount, condition, and terms of the financial
security . The amount shall be based upon the estimated cost of reclaiming the
affected land, which shall be based on information contained in the permit
application and upon such other information as an investigation by the Town
Board may disclose,
3 . The financial security shall remain in full force and effect until the Town Board
has approved the reclamation . At the discretion of the Town Board, the permittee
may secure the release of that portion of the financial security for affected tand on
which reclamation has been completed and approved by the Town Board ,
4 . lithe financial security shalt for any mason be cancelled, within thirty (hb) days
after receiving notice thereof, the permittee shall provide a valid replacement
under the same conditions as described in this section . Failure to provide
replacement financial security within such period may, at the discretion of the
Town Board , result in the immediate suspension of the miming permit by the
Town Board_
. if e permit is suspended or revoked, the town Board may require the permittee to
commence reclamation upon thirty (Ph) days notice.
6 . If the permittee fai ] s to commence or to complete the reclamation as required , the
Town Board may utilize the financial security furnished by the permittee to affect
such reclamation _ in any event, the full cost of completing reclamation shall be
the personal liability of the permittee and/or the person engaged in mining and the
Town Board may bring an action to recover all costs to secure the reclamation not
covered by the financial security. The materials, machinery, implements and tools
of every description which may be found at the mine, or other assets of the
permittee and/or the person engaged in mining shall be subject to a lien of the
Town for the amount expended for reclamation of affected lands and shall not be
removed without the written consent of the Town Board . Such lien may be
foreclosed in the same manner as a mechanic ' s lien.
A. Definitions,
1 . For the purposes of this section, the definitions in Environmental Conservation
Law § 23 -2705 shall control except for the definition of "Mining. "
A For the purposes of this section , "Mining" means the extraction of overburden and
solid materials from the earth; the preparation and processing of such solid
minerals, including any activities or processes or parts thereof for the extraction
or reinoval of such minerals from their original location and the preparation ,
washing, cleaning, crushing, stockpiling or other processing of such minerals at
the mine location so as to make them suitable for commercial, industrial, or
construction use; exclusive of manufacturing processes, at the mine location ; the
removal of such materials through sate or erethetge, or for commercial , industrial
Fuger/ erin
1.13 2- 16- 12
or municipal use; and the disposition of overburden, tailings and waste at the mine
location. "Mining" shall not include the excavation, removal and disposition of
minerals from construction projects, exclusive of the creation of water bodies, or
excavations in aid of agricultural activites, or natural gas exploration or
extraction.
Section 1305: Elder Cottages
A . 1 . An alder Cottage is a separate, detached, temporary One-Family Dwelling, and is
an accessory use to a Single- or Two- Family Dwelling.
2 . For the purpose of this section , the term "owner" shall mean a natural person :
a. who owns at least a 50 percent interest in the real progeny and related
Dwelling; or
b . who owns the real property and related Dwelling with no more than
one other individual or entity m joint tenants or as tenants by the
entirety .
B. Elder cottages shall he permitted as accessory uses , subject to site plan review as
provided in Article DI and the following provisions and conditions :
1 . Use limitations.
An Elder Cottage shall not be occupied by more than two persons :
a, who shall be the same persons enumerated on the application for the
Elder Cottage; and
b. who shall be persons 55 years of age or older.
. Dimensional Limitations _
a. The Elder Cottage shall not exceed 850 square feet in total floor area
b . -Notwithstanding any other provisions of this Ordinance, the minimum
sire of the Eider Cottage may be reduced to no less than 250 square
feet of total Poor area.
c . 'The Elder Cottage shai' not exceed one story in height and under no
circumstances shall the Building Height exceed 20 feet_
• 3 . Location Requirements.
Page Stt 0. 114
TB 2 - I &- 12
Sa. An Elder Cottage shall be located only on a Lot where there already
exists a Single-family or Two-family Dwelling .
b. No Elder Cottage shall be located within the front yard of any Lot.
c . No Elder Cottage shall be permitted on a nonconforming building Lot .
d . No more than one Elder Cottage shall be located on any Lot,
a The placement of the Elder Cottage shall be otherwise in conformity
with all other provisions of this Ordinance including Lot Coverage and
side and rear yard setbacks ,
4 . Building Requirements.
a An Elder Cottage shall be clearly subordinate to the principal
Dwelling on the Lot and its exterior appearance and character shall
be in harmony with the existing principal Dwelling .
h. An Elder Cottage shall be constructed in accordance with all
applicable laws, regulations, codes and ordinances, and the New
York State Uniform hire Prevention and Building Code,
Sr An Elder Cottage shall be constructed so as to be easily removable .
The foundations shall be of easily removable materials so that the
Lot may be restored to its original we and appearance der removal
with as little disruption of the site as possible_ No permanent fencing,
walls, or other Structures shall be installed or modified that will
binder removal of the Elder Cottage from the Lot ,
d. Adequate water supply and sewage disposal arrangements shall be
provided , which may include connections to such facilities of the
principal Dwelling_ .if located in an area where electrical., television
cable, andlor telephone utilities are underground, such utilities
serving the Elder Cottage shall also he underground .
e_ An adequate area for parking shall be required for the expected
number of oars of the occupants of the Elder Cottage .
h . Approval .
a. The approval shall be for a period of one year (unless earlier
terminated as hereinafter set forth) and thereafter nay be renewed
Sannually by the Code Enforcement Officer upon receipt of an
Page 8901114
IR 2- 16- 12
application for same, provided that the circumstances have not
changed ,
I), The approval shall terminate 120 days after:
i . the death or permanent change of residence of the original
occupant or occupants of the Elder Cottage ; or
ii . any of the occupancy requirements set forth in this section are
no longer met.
C. In addition to any other iadicia of a permanent change of residence, the continuous
absence from the Elder Cottage of an applicant I!br a period of 180 consecutive days shall
be considered to be a permanent change of residence . During the 120-day pedad
following any of the events set forth in subsections 5 (b) above, the Elder Cottage shall be
removed and the site restored so that no visible evidence of the Elder Cottage remains . If
the Elder Cottage has not been removed by the end of the 120-day period, in addition to
the other sanctions in this Ordinance, an action to compel removal may he commenced to
provide for removal and salvage by the Town with a lien imposed to defray any costs
incurred . Such lien may be added to the real property taxes applicable to the Lot on
which the Elder Cottage was located and collected in the same way m any other tax
payable to the "Peron _
D. Extension of Time to Remove Elder Cottage .
Notwithstanding any other provision of this Ordinance there shall be no adminstrative
extension of time for removal of an Elder Cottage_ The Town Board may, upon making
the same findings that would normally be required for the granting of a use variance,
extend the time for removal of the Elder Cottage for one additional six-month period .
Section tbbd : Automotive Towing Sem ice
A . An Automotive Towing Service shall provide a screened fenced-in area for storage of
towed motor vehicles to obstruct views of them from adjacent properties and highways.
The storage area shall be maintained in a neat and orderly manner.
B . No more than II motor vehicles may be stored an the property at any one time .
C . Motor vehicles that are not repairable and are to be junked shall not be stored on the
property longer than 21 days, .Motor vehicles that me to be repaired shall not be stored on
the property longer than 90 days.
Section 1307: Sound Performance Standards
Pay 90 of 114
M2- 16- 12
A . Policy Statement. The Town of Dryden has a compelling interest in ensuring for its
residents an environment free from excessive noise from industrial or commercial uses
which may jeopardize their health or welfare or degrade the quality of life . The
prohibitions of this section are intended to protect, preserve and promote the health,
safety, welfare and quality of ] ile for residents of the town through the reduction , control
and prevention of such loud and unreasonable noise .
B . Applicability. The requirements of this section shall apply to all uses in the Business
Group and Recreational Group in any zone, any Planned Unit Development District, any
use for which a Special Use .Permit and/or Site Plan Review is required, and any
industrial or commercial use in any zone or district whether or not a permit from the town
is or was required, and any industrial or commercial use for which a use wni nee has
been granted by the ABA .
A . Definitions. Any words or phrases not defined in this section or in the Definitions in
Article III shall assume their common dictionary definition,
As used in this section , the following definitions shall apply:
- weighted Sound Level — The Sound Level , in decibels, reported as measured by e
sound level measuring instrument having an. A- weighting network which discriminates
against the lower frequencies according to a relationship approximating the auditory
sensitivity of the human ear. The level an read is designated "dTA, "
Decibel (dB) — The practical unit of measurement for sound pressure level . The number
of "decibels " is a measured sound equal to twenty ( 0) times the In arithrn to the base 10
of the ratio of the sound pressure of the measured sound to the sound pressure of e
standard sound (twenty ITIIJ microp€►scals) ; abbreviated "dB . "
Commercial Use — Any premises, property, or facility involving the uses set fend in the
Business Group or Recreational Group in the Allowable Use Groups chart in Section 501
in this Ordinance, including but not limited to :
I , dining anchor drinking establishments;
. banking and other financial institutions ;
3 . establishments for providing retail services;
h . establishments for providing wholesale services ;
f , establishments for recreation and entertainment ;
h . office buildings;
7 . transportation;
d . warehouses;
9, hotels and/or motels _
S
Page 91 O t14
TI3 2- 16- 12
a Industrial Use — Any premises, property , or facility involving the uses set forth in the
Business Group in the Allowable rise Groups chart in Section 501 in this Ordinance,
including but not limited to !
1 . any activity and its related premises, property, facilities, or equipment involving
the fabrication, manufacture, or production of durable or non -durable goods; or
2 . any activity and its related premises, property , I'ucitities, or equipment involving
the excavation and sale of topsoil , sand, gravel, clay or other natural mineral or
vegetable deposit, and the quarrying of any kind of rock formation, not regulated
under New York Environmental Conservation Law Section 23 , Title 27; or
3 . any manufacturing or industrial and similar use whether conducted indoors or
outdoors; or
4 . any industrial process, whether temporary, intermittent or regularly occurring; or
5 . any activity and its related premises, property , facilities or equipment, including
the production or processing ing of wry raw material , whether solid , gaseous , liquid or
any combination thereof; or
. the operation of stock yards , slaughter houses , and rendering plants ; or
7 . ,junk yards, automobile graveyards and disassembly plants; or
8 . the disposal, processing or storage of toxic wastes, solid wastes , including
medical. wastes , garbage or other refuse or waste products of every kind and
nature.
Sound Level — The sound pressure level measured in decibels with a sound level meter
set for A-weighting . " Sound level " is expressed in d1AA .
Property Line — The imaginary line , including its vertical extension that separates one
parcel of real property from another.
Sound Level Meter -- An instrument for the measurement of noise and sound .
D . Prohibitions . No use of any property to which these prohibitions are applicable shall
operate or produce any source of sound in such a manner as to create a Sound .Level
which exceeds the limits set forth for the ] and use category stated below when measured
at the property line nearest the receiving land use ,
Receiving Land Time Sound Level Limit
Are Category ((IBA)
Residential use in 7 :00 a. m . to 7 : 04 p .m. 65
, H , NA, RA, RR, 7 ; 40 p. m. to 7 : 00 a.m . 55
TNT ° District
Unique Natural areas 7 : 00 a. m . to TOO p. m. bb
7 ;40 p. m . to 7 : 04 a .m . 50
rage 92of114
TB 2- 16- 12
All others 7 : 00 a. m . to 7 : 00 p .m . 68
7 :00 p. m . to 7 : 00 arm . 58
1 . For any source of sound which emits a pure tone , a discrete tone or impulsive
sound , the maximum Sound Levels set forth above shall be reduced by five dBA .
2 . Nothing contained herein shall restrict or limit the imposition of stricter noise
standards by the Town Board in an appropriate situation in connection with any
approval requiring environmental review of the proposed action under
Environmental Conservation Law Section 8 and the regulations promulgated in 6
NYCRR part 617 .
E , Exceptions . The Sound Levels herein prescribed shall not apply In sound emitted or
related to :
i . Natural phenomena;
A Church bells rung as part of any (Alicia] church ceremony or service, and tower
clod bells ringing the hour;
A Any siren , whistle or bell lawfully used by emergency vehicles or any other alarm
systems used in any emergency situation, provided, however, that burglar alarms,
including vehicle alarms, not terminated within thirty (Ph) minutes after being
go activated shall be unlawful ;
4 . Warning devices required by ASH A or other State or Federal regulations ;
5 - Lawful emergency maintenance or repairs ;
6. Sound emanating from any agricultural activity, including silviculture activity ;
7. The temporary use of property during construction of a facility ;
8 . Use of public or private school premises for any lawful activity;
9 . Gun clubs ;
10. Sound from recreational or personal use of internal combustion engines provided
the same are operated within the parameters of the manufacturers
raaawwandations ;
I 1 , Sound from commemorative ceremonies conducted at holidays or funerals ,
F . Measurement of Sound Levels.
1 . The measurement of Sound Levels shall be made b y any bode Enforc ement
Officer or his designee with a Sound Level Meter meeting the standards
prescribed by the American National Standards Institute S1 .4 ,
2 . Except where otherwise prescribed , the slow meter response of the Sound Level
SMeter shall be used in order to determine that the average of three readings taken
page 93or114
TB 2- 16- 12
• over a 15 -minute period does not exceed the limiting sound levels set forth in this
Section .
3 . Measurement of Sound Levels shall be made at the prescribed locations and shall
be taken at least four (4) feet from the ground.
4. Compliance with Sound Level Limits is to be maintained at all elevations at the
boundary of the property .
G. Enforcement. This section shall be enforced by the Code Enforcement Officer or his
designee and at all times by any peace or police officer.
H . Penalties. Any violation of any of the provisions of this section is hereby declared to be
an offense, punishable by a fine not exceeding three hundred fifty dollars ($ 350) or
imprisonment for a period not to exceed six months, or both for conviction of a first
offense; for conviction of a second offense, both of which were committed within a
period of five years, punishable by a fine not less than three hundred fifty dollars ($ 350)
not more than seven hundred dollars ( $700) or imprisonment for a period not to exceed
six months, or both ; and , upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine not less than seven
hundred dollars ($700) nor more than one thousand dollars ($ 1 , 000) or imprisonment for
a period not to exceed six months, or both . For the purpose of conferring jurisdiction
• upon courts, violations of this section of this Ordinance shall be deemed misdemeanors
and for such purpose only, all provisions of the law relating to misdemeanors shall apply
to such violations. Each week' s continued violation shall constitute a separate additional
violation .
Section 1308 : Kennel
A. The minimum Lot Area shall be five (5 ) acres for kennels or other facility with outdoor
runs .
B . All facilities shall be centrally located on the property to allow for adequate distance from
the property line to reduce the effect of noise from barking animals .
C . The Board may impose such conditions as it deems necessary to avoid or minimize
traffic, noise and odor impacts and impairment of the use, enjoyment and value of
property in the area of the kennel .
Section 1309: Drive-Through Facility
A. The regulations and requirements set forth in this section are intended to reduce the
• negative impacts that drive-through facilities may create. Of special concern are noise
from idling motor vehicles and audio equipment, lighting, and stacked or queued drive-
Page 94 of 114
113 2- 16- 12
through traffic interfering with on -site and off- site traffic and pedestrians , fhe special
requirements set forth for drive-through facilities are in addition to all other requirements
pertaining to the principal use to which a drive-through facility is part.
B . Vehicular Traffic Stacking or Queuing requirements . A drive-through, for the following
uses shall provide the following minimum vehicular traffic stacking or queuing distances:
1 , For a fast food restaurant the minimum distance shall be one hundred forty 140)
feet between the start of the drive-through lane to the service window
A For a bank and other similar business the minimum distance shall be sixty (60)
feet from the star of the drive-through lane to the service window . -
3 . The stacking spaces shall be located so as not to interfere with the use of parking
spaces or the flow of traffic on the site and shall be adequately striped and marked
with directional signs .
V. Multiple Drive-Through Vehicular i raflic Lanes. The Board may allow lesser stacking
distances than those specified in this section for businesses with multiple drive-through
lanes, when documentation supporting such reduction is provided A connection with site
plan review.
D . Noise . Any drive- through audio system shall emit no more ban 50 decibels measured A
four feet From the speaker and shall not be audible above daytime ambient noise levels
beyond the property boundaries . The audio system shall be designed to compensate for
ambient noise levels in the immediate area and no speaker shall not be located within 30
feet of any residential district or any property used for residential uses .
E, Location, setbacks, size and landscaping .
1 . Drive-through service areas shall not be located in the front yard .
b . Service areas and stacking lanes most be set back at least 30 feet Tom all hot
lines which abut a residential zone and shall be screened as determined necessary
by the Board .
3 . Service areas and stacking lanes must be set back at least 1 d feet fmm all hot
lines which abut nonresidential zones and shall be screened as determined
necessary by the Board .
4. Stacking lanes must be set back 10 feet from all street lines and shall be screened
as determined necessary by the Board.
sage 95 0- 114
TB 2- 16- 12
• Section 1310 : Automotive Repair Garage
A . Ten ( 10) visitor parking spaces, plus two parking spaces for each three (3) employees,
shall be provided . Vehicles awaiting service or repair shall be parked in a marked area
and only in a side yard or rear yard, unless this requirement is waived by the Board in site
plan review.
B . Garage doors shall be visually buffered from adjacent residential rises.
C . The storage of motor vehicles for service or repair shall be confined to the portions of the
Lot designated for parking on the site plan . Partially dismantled vehicles shall not be
stored in any required yard setback or be located in any required buffer strip , except
when the Board in its site plan review determines that an adequate buffer will be
provided to protect adjacent properties and uses and that the appearance of such storage
will not result in adverse visual impact.
D . No outdoor sales or display of motor vehicles for sale shall be permitted .
P . All parts or similar articles shall be stored within a Structure . All repair and service work ,
including car washing, but excluding emergency service and the sale of fuel and
lubricants, shall be conducted entirely within either a Structure or, where deemed
appropriate by the Board in site plan review due to such factors as the size of the property
4111 involved and/or its location, entirely within a fenced- in area in which such work is
visually screened from all adjoining properties and roadways.
Section 1311 : Accessory Dwelling Unit
A . Standards. Accessory Dwelling Units shall comply with the following standards :
1 . Principal use. The principal use of the Structure must be that of a Single-Family
Dwelling or an accessory Structure, such as a detached garage, that primarily
serves the needs of the Single-Family Dwelling.
2 . Required occupancy . The owner of the property upon which the Accessory
Dwelling Unit is located shall occupy the principal or Accessory Dwelling Unit
on the premises as their primary residence.
3 . Number of Accessory Dwelling Units. Only one Accessory Dwelling Unit shall
be permitted on any Lot.
4 . Maximum size. An Accessory Dwelling Unit shall be subordinate in area to the
Single-Family Dwelling .
•
Page 94 of 114
TB 2- 16- 12
S . Maximum occupancy. The Accessory Dwelling Unit shall be limited in
occupancy as a Single-Family Dwelling _
6 . Setbacks. If the Accessory Dwelling Unit is within a detached accessory
Structure , said Structure must meet the required Yard setbacks.
7 . Access . An external located entrance , separate from that of the Single-Famnily
Dwelling shall be located on the side or rear of the Single -Family Dwelling, or in
the front only if the entrance is on a separate , perpendicular plane from that of the
front entrance of the Single-Family Dwelling.
8 . Outside stairways. Any outside stairways andlor fire escapes shall be at the rear or
side of the Structure .
9 . Exterior appearance _ if an Accessory Dwelling Unit is located in a detached
Single-Fancily Dwelling, to the degree reasonably feasible, the exterior
appearance of the Structure shall remain that of a Single-Family Dwelling.
10 . Utilities . Unless the Dwelling is serviced by a public water or sewer system,
approval of the Tompkins County Health Department shall be obtained prior to
issuance of a Building Puwii [. certificate of occupancy andlor certificate of
compliance,
I 1 . lvlaintenance and continued compliance _ An Accessory Dwelling Unit shall be
permitted and continued only when all Structures on the hot are in compliance
with applicable codes, rules, regulations, statutes and local laws and ordinances .
12, Parking _ Off-street parking shall be provided to accordance with Section 902 of
this Ordirldnue .
B, Application , An application for an Accessory Dwelling Unit must contain sufficient
information to demonstrate compliance with each of the standards set forth in this
section , including but not limited to the following information:
I . A floor plan of each habitable floor of the Structure, with ail interior dimensions ,
including windows and doors, including types of rooms,
? . Plans shall be prepared in sufficient size and detail to enable the Planning
Department to determine compliance with the requirements for an Accessory
Dwelling Unit.
Page 97itI14
ra 2- 16 - 12
ARTICLE XIV : ZONING BOARD OF APPEALS
Section 1401 ; Zoning Board of Appeals Establishment; Continuation
The Zoning Board of Appeals (herein sometimes "ZBA) , existing by virtue of the Town OF
Dryden Zoning Ordinance and appointment by the Town board is continued . The ZBA shall
function in the manner prescribed by law_ Members of the ZBA in office at the time of adoption
of this Ordinance shall continue to serve to the end of the term for which they were appointed.
Section 1.402 ; Membership
There shall be five (f ) members of the ZBA. The members of the ABA shall be residents of the
Town of Dryden and shall be appointed by the "Town Board to serve for terms as prescribed by
law . Vacancies occurring in said ZBA by expiration of term or otherwise shall be filled in the
same manner, No person who is member of the 'Town Board shall be eligible for membership on
the TEA. The Town Board shall designate the chairperson of the ZEAL In the absence of the
chairperson , the ZBA may designate a member to some as acting chairperson.
Section 1403 : Alternate Members
A. There may be appointed additionally up to two (h) alternate members of the ZBA _
411 Alternate members shall be appointed by resolution of the Town Board for terms
established by the Town Board,
B . The Chairperson of the ZBA shall designate an alternate member to substitute for a
regular member in the event that a regular member is unable or unwilling to vote because
of a conflict of interest , and an alternate member is present at the meeting when the
designation takes place.
C . If more than one alternate member is present at e meeting when the Chairperson is
designating an alternate member to substitute for a regular member, the Chairperson shall
designate the alternate member who has not served on a ease or matter the most recently .
If that alternate member is not able or willing to vote for e reason listed in subsection
above, then the Chairperson shall designate the other alternate member to serve.
D. All other rights, responsibilities and procedures related to alternate members set forth in
Town Law § 267 or in this Ordinance shall apply .
Section 1404 : Hearing Appeals
The jurisdiction oI' the ZBA shall be appellate only and shall be limited to hearing and deciding
appeals from and reviewing any order, requirement, decision, interpretation, or determination
made by the administrative official charged with the enihrcemont of the Zoning Ordinance . Such
appeal may be taken by any person aggrieved, or by an officer, department, board or bureau of
the lawn.
Page 98ofl14
'FR 2- 16. 12
Section 1.405 : Orders, Requirements, Decisions , Interpretations, Determinations
The ZBA may reverse or affirm, wholly or partly, or may modify the order, requirement,
decision, interpretation or determination appealed from and shall make such order, requirement,
decision, interpretation or determination as in its opinion ought to have been made in the matter
by the administrative official charged with the enforcement of the Zoning Ordinance and to that
end shall have all the powers of the administrative official from whose order, requirement ,
decision , interpretation or determination the appeal is taken _
Section 1406 : Lapse
Unless otherwise specified by the ZBA, and without any further hearing by the ZBA , a decision
on any appeal ; including the granting of an area variance and/or use variance shall automatically
lapse and expire if the appellant fails to obtain any necessary building permit within one year of
the date the decision is filed .
Section 1.407: Minimum Meeting and Hearing Attendance Requirements
Members of the ZBA are expected to attend all regularly scheduled and specially scheduled
meetings of the board . in the event that a member of the board is absent from three (3 )
consecutive meetings, or in the event a member of the board is absent from live (5 ) meetings
within any ens ( 1 ) calendar year, then such member may be removed from the board as herein
provided.
Section 14013 : Training and Attendance Requirements
A. Each member of the ZBA shall complete, at e minimum , lour hours of training each year
designed to enable such members to more effectively carry out their duties. `gaining
received by e member in excess of four hours in any one year may be carried over by the
member into succeeding years in order to meet these requirements. Such training shall be
approved by the Town Board and may include, but not be limited to , training provided by
a municipality , regional or county planning office or commission, county planning
federation, state agency, statewide municipal association. college or other similar entity .
Training may be provided in a variety of formats, including but not limited to , electronic
media; video, distance learning and traditional classroom training .
13 , To be eligible for reappointment to such board , such member shall have completed the
training promoted by the town pursuant to this section .
C . The training required by this subdivision may be waived or modified by resolution of the
Town Board when, in the judgment of the Town Board , it is in the best interest of the
town to do so.
D. No decision of a ZBA shall be voided or declared invalid because of a failure to comply
with this section,
Iege 99 or 114
TB 2- I6- ] 2
S Training
Section 1409 : Continuing Education and l raining
The costs of such training shall be a town charge _ Members shall be reimbursed for travel and
meal expenses associated with such training according to Town. policies .
Section 1410 : Removal Procedure
In the event a member of the ZBA has failed to meet the minimum attendance requirements set
forth in section 1407 or the training requirements set forth in section 1408 , then the Town Board
may remove such member from the ZBA as herein provided :
A . Notice. Such member shall be mailed a written notice specifying the nature of the failure
of such member to meet the minimum attendance requirements of sections 1407 or 1 408
above .
B . Public Hearing, Such notice shall specify a date (not less than ten [ 10] or more than
thirty [ 30] days from the date of mailing such notice) when the Town Board shall
convene and hold a public hearing on whether or not such member should be. removed
from the ZBA , Such notice shall also specify the time and place of such hearing.
Public Notice . Public notice of such hearing shall be given by posting a notice on the
tomrn signboard in the vestibule of. the Town Hall and by publishing a notice once in the
official newspaper, Such posting acid publication shall be at least ten ( 10) days prior to
the date of the public hearing.
D. Conduct of I-Iearing. The public hearing on the charges shall be conducted before the
Town Board . The member shall be given an opportunity to present evidence and to call
witnesses to refute the charges, A record of such hearing shall be made, The decision of
the Town Board shall be reduced to writing together with specific findings of the Town
Board with respect to each charge against such member_ A copy of such decision and
such finding shall be mailed to the member.
1E. Action by the "Coven Board_ Following the headed and upon a finding that such member
has not met the minimum attendance requirements required by this Ordinance the Town
Board may :
19 Remove such member from the SBA ; or
, Issue a written reprimand to such member without removing such member from
the board; or
3 . If the Term Bored shall find that the reasons for failing to meet the minimum
attendance requirements are excusable because of illness, injury or other good and
sufficient cause , the Town Board may elect to take no action.
Page laaeI 114
TB 2- 16- 12
411
Section 1.411 : Removal for Cause
Nothing contained herein shall be deemed to limit or restrict the Town Board 's authority to
remove a member from the ZBA for cause i . e . for other than the reasons enumerated herein)_
The procedural provisions of section 1410 (Removal Procedure) shall govern any hearing to
remove a member for cause.
Section 1412 : Leave of Absence
The provisions of section 1. 407 shall not apply to any member who has applied for and been
granted a leave or absence by the Town Board from their duties as a member of the SBA . the
Town Board may grant such leave of absence on such terms and for such period as it may deem
appropriate provided, however, no sued leave of absence shall be for a period in excess of eleven
( 11 ) months .
Section 1413 : Applicability.
A. This Article shall apply to all members of the ZBA regardless of the Mate of their
appointment to such board .
B . Prospective members of the BA shall be notified of the requirements of the provisions
of sections 1407- 1412 of this Ordinance prior to their appointment to such board.
ARTICLE BC; PLANNING BANAB
Section 1501 : Planning Board Establishment; Continuation
The Planning Board, existing by virtue of As Land Subdivision Rules and Regulations of the
Two of Dryden , as amended, and as appointed by the Town Board is continued . The Planning
Board shall function in the manner prescribed by law.
Section 1502 : Bfernbenship
There shall be seven 7) members of the Planning Board . The members oh the Planning Board
shall be residents of the Town of Dryden and shall be appointed by the Toew Board to serve
terms prescribed by law. Vacancies occurring its said Planning Board by expiration of terms or
otherwise shall be filled in the same manner, No person who is a member of the Town Board
shall be eligible for membership on the Planning Board. The Town board shall designate the
chairperson of the Planning Board . In the absence of the chairperson the Planning board may
41) designate a member to serve as acting chairperson.
Page 121ofI14
TB 2- 16- 12
411 Section 1503 : Alternate Members
A . There may be appointed additionally up to two (2) alternate members of the Planning
Board . Alternate members shall be appointed by resolution of the Town Board for terms
established by the Town Board .
B . The Chairperson of the Planning Board shall designate an alternate member to substitute
for a regular member in the event that a regular member is unable or unwilling to vote
because of a conflict of interest, an alternate member is present at the meeting when the
designation takes place .
C, If more than one alternate member is present at a meeting when the Chairperson is
designating an alternate member to substitute for a regular member, the Chairperson shall
designate the alternate member who has not served on a case or mater the most recently.
If that alternate member is not able or willing to vote for a reason listed in subsection (B)
above, then the Chairperson shall designate the other alternate member to serve.
A . All other rights, responsibilities and procedures related to alternate members set forth in
Town Law § 271 or in this Ordinance shall apply _
Section fhbb : Jurisdiction
The Planting Board shall have jurisdiction to review and approve, approve with modifications or
410 disapprove site plans prepared when a particular use set forth in this Ordinance is subject to only
Site Plan Review.
Section fhbb : Report an Referred Matters
The Town Board may by resolution provide for the referral of any matter or elms of matters to
the Planning Board before final achon is taken thereon by the Town Board or other office or
officer of the Town having final authority over such matter, The Town Board may further
stipulate that final action than not be taken until the Planning Board has submitted its report, or
after the Planning Board has exceeded the time period set by the Town Board for the Planning
Board to submit its report.
Section 1506: Minimum Attendance Requirements (Meetings and bearings)
Members of the Planning Board are expected to attend all regularly scheduled monthly
meetings/hearings and specially scheduled meetings/hearings of the hoard . in the event that e
member of the board is absent from three (h) consecutive regularly scheduled monthly
meetings/hearings, or in the event a member of the board is absent From five ( )
meetings/hearings within any one ( 1 ) calendar year, then such member may be removed from the
board m herein provided.
Sr^ction 1507 : Braining and Attendance Requirements
S
Pare Ire or114
TB 2- 16- 12
® A. Each member of the Planning Board shall complete , at a minimum , four hours of training
each year designed to enable such members to more effectively carry out their duties.
Training received by a member in excess of four hours in any one year may be carried
over by the member into succeeding years in order to meet these requirements . Such
training shall be approved by the Town Board and may include , but not be limited to,
training provided by a municipality, regional or county planning office or commission,
county planning federation, state agency, statewide municipal association, college or
other similar entity . Training may be provided in a variety of formats, including but not
limited to, electronic media, video, distance learning and traditional classroom training.
B . To be eligible for reappointment to such board , such member shall have completed the
training promoted by the town pursuant to this section .
C . The training required by this subdivision may be waived or modified by resolution of the
Town Board when , in the judgment of the Town Board, it is in the best interest of the
town to do so .
D . No decision of a Planning Board shall be voided or declared invalid because of a failure
to comply with this section .
Section 1508 : Training Costs
The costs of such training shall be a town charge . Members shall be reimbursed for travel and
• meal expenses associated with such training according to Town policies.
Section 1509: Removal Procedure
In the event a member of the Planning Board has failed to meet the minimum attendance
requirements set forth in Section 1506 or the training requirements set forth in Section 1507, then
the Town Board may remove such member from the Planning Board as herein provided :
A. Notice. Such member shall be mailed a written notice specifying the nature of the failure
of such member to meet the minimum attendance requirements of Sections 1506 or 1507
above.
B . Public Hearing. Such notice shall specify a date (not less than ten [ I01 or more than
thirty [30) days from the date of mailing such notice) when the Town Board shall
convene and hold a public hearing on whether or not such member should be removed
from the Planning Board . Such notice shall also specify the time and place of such
hearing.
C . Public Notice . Public notice of such hearing shall be given by posting a notice on the
town signboard in the vestibule of the Town Hall and by publishing a notice once in the
official newspaper. Such posting and publication shall be at least ten ( 10) days prior to
the date of the public hearing.
•
Page 103 of 114
TB 2- 16- 12
• D . Conduct of Hearing. The public hearing on the charges shall be conducted before the
Town Board. The member shall be given an opportunity to present evidence and to call
witnesses to refute the charges. A record of such hearing shall be made. The decision of
the Town Board shall be reduced to writing together with specific findings of the Town
Board with respect to each charge against such member. A copy of such decision and
such finding shall be mailed to the member.
E . Action by the Town Board . Following the hearing and upon a finding that such member
has not met the minimum attendance requirements required by this Ordinance the Town
Board may:
1 . Remove such member from the Planning Board ; or
2 . Issue a written reprimand to such member without removing such member from
the Board ; or
3 . If the Town Board shall find that the reasons for failing to meet the minimum
attendance requirements are excusable because of illness, injury or other good and
sufficient cause, the Town Board may elect to take no action .
Section 151.0 : Removal for Cause
Nothing contained herein shall be deemed to limit or restrict the Town Board' s authority to
remove a member from the Planning Board for cause (i .e . for other than the reasons enumerated
, • herein) . The procedural provisions of Section 1509 (Removal Procedure) shall govern any
hearing to remove a member for cause .
Section 1511 : Leave of Absence; Excused Absences
A . The provisions of Section 1506 shall not apply to any member who has applied for and
been granted a leave of absence by the Town Board from their duties as a member of the
Planning Board. The Town Board may grant such leave of absence on such terms and for
such period as it may deem appropriate provided, however, no such leave of absence
shall be for a period in excess of eleven ( 1 I ) months .
B . The provisions of Section 1506 shall not apply to any member who has been granted an
excused absence by the Chairperson of the Planning Board. To be a valid request for an
excused absence, such request shall be made to the Chairperson of the Planning Board
prior to the meeting/hearing. Grounds for excused absences shall include illness,
vacation , business or employment reasons and personal or family activities .
Section 1512 : Applicability
A . This Ordinance shall apply to all members of the Town of Dryden Planning Board
regardless of the date of their appointment to such Board .
• B . Prospective members of the Planning Board shall be notified of the requirements of
Page 104 of 114
TR 2- 16- 12
Sections 1506- 1511 of this Ordinance prior to their appointment to such Board.
ARTICLE XVI : NONCONFORMING USES, STRUCTURES AND LOTS
I Section 1601 : Nonconforming Uses
A, Continuance . Except as otherwise provided in this Article, the lawful use of any
Structures or land existing at the date of adoption of this Ordinance may be continued
even though such use does not conform to the provisions for the district in which such
Structure or land is located . The right to continue a nonconforming use remains with the
land when title is transferred , subject to the provisions of this Article .
S . Extension or Enlargement .
1 . A nonconforming use existing at the dale of adoption of this Ordinance may not
be extended or enlarged except by Special Use Permit, and may be extended only
to adjacent Structures or land if such adjacent structure or land was owned of
record by the owner of such nonconforming Structure or land as of the effective
date of adoption of this Ordinance .
2 _ A nonconforming Structure or use may not be extended or enlarged to other
Structures or land acquired subsequent to the data of adoption of this Ordinance .
3 , No Special Use Permit allowing the extension or enlargement of a nonconforming
use shall be granted by the Town Board unless the regulations of this Local Law,
other than allowed uses for the district in which said nonconforming use is
locates, can be complied with . The Town Board may impose such reasonable
conditions and restrictions as are directly related to and incidental to the proposed
use of the property, Such proposed conditions shall be consistent with the spirit
and intent of this Ordinance and shall be imposed for the purpose of minimizing
any adverse impact such approval may have on the neighborhood of community ,
C . Changes. A nonconforming use may be changed to another similar or more restrictive
nonconforming use with the approval of the ABA. When changed to a more restrictive
nonconforming use, such use shall not subsequently be changed bank to a less restrictive
nonconforming use . No nonconforming use, if changed to a conforming use, shall be
changed back to a nonconforming use . The PBS shall determine whether such proposed
nonconforming use is similar or more restrictive, and may impose such reasonable
conditions and restrictions as are directly related to and incidental to the proposed use of
the property . Such conditions shall be consistent with the spirit and intent of this
Ordinance and shall be imposed for the purpose of minimizing any adverse impact such
approval may have on the neighborhood of community.
D. Discontinuance _ Whenever a nonconforming use has been discontinued for a period of 12
Far 105 4114
TA 2- 16- 12
® consecutive months (from a date determined by the Planning Department) , such
nonconforming use shall not be re-established and any subsequent use of such structure
or land shall be in conformity with the provisions of this Ordinance for the district in
which such structure or land is located .
E . Repair and Restoration . A structure used for a nonconforming use and damaged or
destroyed by casualty to the extent that more than 50% of its total floor area is unusable
without repair, replacement or restoration shall not be repaired , replaced or restored
without the approval of the ZBA . The percentage extent of damage or destruction shall be
made by the Planning Department . A Building Permit for such repair, replacement or
restoration shall be obtained and work commenced within six months after such casualty,
but this time limit may be extended by the ZBA in case of practical difficulty or
unnecessary hardship. The ZBA may impose such reasonable conditions and restrictions
as are directly related to and inciental to the proposed use of the property . Such
conditions shall be consistent with the spirit and intent of this Ordinance and shall be
imposed for the purpose of minimizing any adverse impact such approval may have on
the neighborhood of community.
Section 1602 : Nonconforming Structures
A. Continuance . A lawful nonconforming Structure existing at the date of adoption of this
Artucle that could not be built after such adoption by reason of restrictions on the Lot
• Area, Lot Coverage, Lot Depth, height, yard requirements or other limitations of the
structure or its location on the lot may be continued .
B . Expansion. Nothing in this Ordinance shall prevent the alteration to a safe condition of all
or part of a Structure that is nonconforming provided that the repair or alteration will not
increase the height, size or volume of the Structure or otherwise increase the manner in
which the structure is nonconforming.
C . Additions, Alterations, Maintenance , and Repairs.
1 . A nonconforming Structure shall not be added to or enlarged or altered in a
manner which increases its nonconformity .
2 . Should a nonconforming Structure be moved for any reason, its placement or use
shall thereafter conform to the regulations for the district into which it is
relocated .
3 . A nonconforming Structure is required to be maintained in accordance with all
applicable laws, ordinances, rules and regulations .
D. Discontinuance .
•
Page 106 of 114
TB 2- 16- 12
® 1 . A nonconforming Structure, or a portion thereof, shall be deemed discontinued if:
the Structure is vacant for twelve ( 12) consecutive months or sooner if there is a
clear manifestation of the intent on the part of the owner to abandon the
nonconforming Structure .
2 . If deemed discontinued , such nonconforming Structure shall not be reestablished,
and any subsequent use shall conform with the provisions of the district in which
such Structure is located .
Section 1603 : Nonconforming Lots
A . A Lot of Record may be considered as complying with the minimum requirements of this
Ordinance provided that such Lot does not adjoin other land held by the same owner, part
of which such other land could be combined with the nonconforming Lot of Record to
create a conforming Lot without thereby creating a new nonconforming Lot.
B . The Town may require a nonconforming Lot to be merged with an adjacent lot under
common ownership, or with part of such adjacent Lot, for the purpose of creating two
conforming Lots in the district in which the Lots are located, so long as neither of such
Lots are then nonconfirming Lots .
• C . Where adjacent Lots are under common ownership but the merger of such Lots, or part of
a conforming Lot to the nonconforming Lot, would not result in a conforming Lot, the
ZBA may nonetheless approve a nonconforming Lot if it finds that following such
merger the nonconformity of the nonconforming Lot has been minimized to the
maximum extent practicable . In accordance with Municipal Home Law § 10( 1 )00d(3)
this subsection shall supercede Town Law § 267- b(3 ) with respect to the granting of area
variances .
ARTICLE XVIi : ADMINISTRATIVE PROVISIONS
Section 1701 : General Provisions
A . Notice of public hearing. Each notice of hearing upon an application for site plan review,
a special use permit, or a variance or other application to the ZBA, or for any other public
hearing shall be published once in the official newspaper of the Town at least 10 days
prior to the date of the hearing. In addition , at least 10 days prior to the date of the
hearing, a notice of such public hearing shall be mailed to all owners of real property
within 250 feet of the exterior boundary of the property for which the application is
made . Owners shall be determined according to the latest completed assessment roll .
B . Records to be retained. The original of all decisions, approvals, rulings and findings
rendered by any board under this Ordinance, and of all permits and certificates issued
® under this Ordinance, shall be promptly furnished to the Town Clerk and retained as a
permanent Town public record.
Page 107 or 114
TB 2- 16- 12
C . Assistance to Boards . The Planning Board and ZBA, as authorized by the Town Board,
shall have the authority to call upon any town department, agency or employee for such
assistance as may be deemed necessary and appropriate under the circumstances. Such
department, agency or employee may be reimbursed for any expenses incurred as a result
of rendering such assistance . The Planning Department, within the limits of budget
appropriations, shall provide the Planning Board and ZBA with any necessary experts,
clerks and a secretary .
Section 1702 : Zoning Administration
A . Code Enforcement Officers. Code Enforcement Officers shall have the power and duty to
administer and enforce the provisions of this Ordinance, under direction of the Director
of Planning. Code Enforcement Officers shall be appointed by the Town Board, and shall
report to the Director of Planning. Code Enforcement Officers shall have the power to
make inspections of buildings or lots necessary to carry out his or her duties in the
enforcement of this Ordinance .
B . Planning Department.
1 . The Planning Department shall , upon application and payment of the required fee,
issue a Zoning Permit for new uses on properties, or Statement of Zoning
Compliance for those existing uses for which no Zoning Permit was issued . No
• Building Permit may be issued without either a Zoning Permit or a Statement of
Zoning Compliance .
2 . The Planning Department shall not issue any permit for the use of any property
unless such use conforms to all applicable laws, ordinances, rules and regulations.
3 . The Planning Department shall maintain reports of all applications for certificates
of occupancy and building permits, and issued certificates and permits.
4 . The Planning Department shall maintain records of every complaint of a violation
of the provisions of this Ordinance as well as any action taken as a result of such
complaints.
5 . The Planning Department shall submit to the Town Board, at least semi-annually,
a written report summarizing all permits, statements and certificates issued as well
as complaints of violations and any action taken as a result of such complaints.
•
Page 108 of 114
4113 2- 16- 12
ARTICLE XVIII : ENFORCEMENT AND REMEDIES
Section 1801 : Violations
A . Any person, partnership, limited liability company, corporation or any other entity,
whether as owner, lessee , agent or employee, who shall violate any of the provisions of
this Ordinance, any permit or approval issued hereunder, or who fails to comply with any
order or regulation made hereunder, or who erects, alters, moves, uses or offers for sale
any structure or uses any land in violation of any detailed statement of plans submitted
and approved under the provisions of this Ordinance shall be guilty of a violation .
B . Any such person, partnership, limited liability company, corporation or any other entity,
whether as owner, lessee, agent or employee who shall violate, disobey, omit, neglect, or
refuse to act in compliance with any order or regulation shall be deemed guilty of a
separate offense for each day of such violation .
C . Where the person or entity committing such violation is a partnership, limited liability
company, corporation or other entity the principal executive officer, partner, agent, or
manager may be considered to be the " person " for the purpose of this subsection .
D. The Code Enforcement Officers shall have the authority to issue accusatory instruments
to those persons who are in violation of this Ordinance.
SSection 1802 : Fines and Imprisonment
A violation of this Ordinance is hereby declared to be an offense, punishable by a fine not
exceeding three hundred fifty dollars ($350), or imprisonment for a period not to exceed
six months, or both, for conviction of a first off.'ense; for conviction of a second offense,
both of which were committed within a period of five years, punishable by a fine of not
less than three hundred fifty dollars ($ 350), nor more than seven hundred dollars ($ 700),
or imprisonment for a period not to exceed six months, or both ; and upon conviction for a
third or subsequent offense, all of which were committed within a period of five years,
punishable by a fine of not less than seven hundred dollars ($ 700), not more than one
thousand dollars ($ 1000), or imprisonment for a period not to exceed six months, or both.
Each week ' s continued violation shall constitute a separate additional violation.
Section 1803 : Actions, Proceedings, Additional Penalties
A. In the event any building or structure is erected, constructed , reconstructed, altered,
dismantled, convened or maintained, or any building, structure or land is used, or any
land is divided into lots, blocks, or site in violation of this Ordinance or conditions
imposed by a building permit, Special Use Permit or Site Plan Review approval the Town
Board, in addition to any other remedies, may institute any appropriate action or
proceedings to prevent such unlawful erection, construction , reconstruction, alteration ,
• dismantling, conversion, maintenance, use or division of land , to restrain, correct or abate
Page 109 of 114
TB 2- 16- 12
• such violation, to prevent the occupancy of said building, structure, or land ; or to prevent
any illegal act, conduct, business or use in or about such premises .
B . Additional penalties. In addition to any other remedies or penalties that may be imposed,
a violation of this Ordinance shall entitle the Town Board to remedy or repair the
conditions constituting the violation, at the premises owner's expense, in order to bring
the premises into conformity and compliance with this Ordinance . The disbursements
and expenses shall become a charge and a lien upon the premises and if not paid the same
shall be added with interest, as may be provided by law, to the premises' next annual
Town tax bill, to be collected in accordance with the provisions of law and the procedure
for the payment of Town taxes.
Section 1804 : Stop Work Order
A. The Town Board hereby grants the Code Enforcement Officer the administrative
responsibility of immediately taking action necessary to correct violations of this
Ordinance by posting a stop-work order on the premises wherein an alleged violation has
occurred .
B . The stop-work order shall serve notice to the owner, builder, developer, agent, and/or any
other person, partnership, limited liability company, corporation or any other entity on
the premises that all actions specified on the stop-work order must be terminated
• immediately.
C . Relief from the stop- work order can he obtained :
1 . if all provisions of this Ordinance, and applicable permits or approvals, together
with any other conditions specified by the Code Enforcement Officer in the Stop
Work Order arc met the Town Board may authorize the recission of the Stop
Work Order; or
2. except for cases involving violation of Site Plan Review approval , or a Special
Use Permit, if a variance is granted by the ZBA .
Section 1805 : Misrepresentation
Any permit or approval granted under this Ordinance based upon or granted in reliance upon any
material misrepresentation, or failure to make a material fact or circumstance known , by or on
behalf of an applicant, shall be void . This section shall not be construed to affect all the other
remedies available to the Town under this Ordinance .
Section 1806: Complaints of Violations
Whenever a violation of this Ordinance is alleged to have occurred , any person may file a written
• complaint in regard thereto . All such complaints shall be filed with the Planning Department.
Page 110 of 114
TEl 2- 16- 12
The Planning Department shall investigate such complaints and report the results of the
investigation and any prosecution of violations to the Town Board .
ARTICLE XIX : MISCELLANEOUS PROVISIONS
Section 1901 : Severability
If any part or provision of this Ordinance, or the application thereof to any person, partnership,
lirni led liability company , corporation or any other entity or circumstance be adjudged invalid by
any court of competent jurisdiction, such judgment shall be confined in its operation to the part,
provision or application directly involved in the controversy in which such judgment shall have
been rendered and shall not affect or impair the validity of the remainder of this Ordinance or the
applica tion thereof to other persons, partnership, limited liability company, corporation or any
other entity .
Section 1902 : Map
The Town Clerk shall file and maintain the Official Zoning Map and the Planning Department
shall maintain a copy of the Zoning they as officially adopted.
Session 1903 : Effective Rate
This amendment to the Zoning rdinance shall take e effec# as provided in Town Law 265 ( .
The public hearing on the proposed amendment s11a1 C be herd March 15 , 20 i2 , at h: bt p. m .
2nd CI Leifer
Roll fall Pete fl Stelick No
CI Solomon Yes
uov Sumner Yes
PI Leifer No
CI Lavine yes
Atty Perkins said there would not be enough time to hold the public hearing 00 March
15 because the amendment and the SEOR will have to go to all involved agencies and the 30
day requirement cannot be met . The board agreed to change the date to April 18 .
RESOLUTION 06 120121 - CHANGE DATE FOR thrusts HEARING ON ZONING
AMENDMENT
Supv Sumner offered the following resolution and asked for its adoption :
RESOLVED , that this Town Board, after considering the time required to provide the
notices required by GML §030 -m and SEQR , in connection with the amendment to the Zoning
• Ordinance and the date of the public hearing established by the previous resolution , now
rnrc I I cpf114
gam
TB 2- 16- 12
IP determines that it will hold the public hearing on the amendment to the Zoning Ordinance on
April 18 , 2012 at 7 : 30 p . m .
2nd Cl Solomon
Roll Call Vote CI Stelick Yes
Cl Solomon Yes
Supv Sumner Yes
Cl Leifer Yes
Cl Lavine Yes
Supv Sumner said it is necessary to do the resolution authorizing the expense from the
highway equipment capital reserve again ,
RESOLUTION #64 (2012 ) - AUTHORIZING THE EXPENDITURE OF $85 ,000
FROM THE TOWN OF DRYDEN HIGHWAY EQUIPMENT
CAPITAL RESERVE FUND
I Leifer offered the following resolution and asked for its adoption :
WHEREAS , the town board of the Town of Dryden , Tompkins Pointy , hew York,
established the "Town of Dryden Highway Equipment Capital Reserve Fund" by resolution
adopted September 9 , 2009 , and
WHEREAS, the purpose of such capital reserve fund was to set aside funds to pay for
some or all of the costs of acquisition of highway equipment or machinery , and
WHEREAS , expenditures from such capital reserves fund may he made only with the
approval of the tome board pursuant to General Municipal Law h -c , and
WHEREAS , it has been determined that the town highway department needs to acquire
a new ten-wheel truck with dump body and snowplow equipment, now
THEREFORE , BE 1T RESOLVED as follows :
I . The expenditure of $$5 , 000 from the Town of Dryden Highway Equipment Capital
Reserve Fund to be used toward the purchase price of a new ten-wheel truck with
dump box and snow plow equipment is hereby authorized ,
. This resolution is subject to a permissive referendum as provided in Article Seven of the
Tawas Law_
3 . The Torras Clerk is hereby authorized and directed, within ten ( 10) days of the adoption
of this resolution , to publish in the official newspaper and post on the toam signboard a
notice setting forth the date of adoption of this resolution and an abstract of such
resolution all as required by Town Law § 90 .
Ana ] Stelick
Roll had Vote CI Stelick Yes
CI Solomon Yes
Supv Sumner Yes
CI Leifer Yee
1 Lavine Yes
•
em II2of114
TO 2- 16- ti
Supv Sumner asked the beard to authorize her to sign the solar panel lease agreement.
They do anticipate some modifications and the agreement will be reviewed by Atty Pei-tans ,
RESOLUTION # 65 ( 2012 ) - AUTHORIZE SOLAR PANEL LEASE
Cl Solomon offered the following resolution, and asked for its adoption :
RESOLVED , that this Town Board hereby authorizes the Town Supervisor to execute a
solar panel lease agreement with Solar Liberty, after review by the Town Attorney.
2r 41 CI Stelick
Roll Call Vote CI Steliok her
Cl Solomon the
Supv Sumner her
Cl Leifer Yes
Cl Lavine Yes
CI Leifer said he has spoken with D hwasnowski about the CEA document and
including data on the UNA& , D Kwasnowski said the supporting data on the Uhhe was rich .
He would also like a formal resolution drafted for adoption , CI Leifer had some questions on
some of the delineations on the map and he would like to go over and tweak those _ There are e
couple of technical issues that Atty Perkins brought up,
Cl, Leifer said kaethng that and knowing that the Conservation Board wanted to look at
it again at their next meeting, a`ncl suggested that it be sent back to the Conservation Hoard for
their review . It can them come back to the Town Board for review of the technical issues and
possible action in March .
S upv Sumner said the sense is that the Conservation Board and the 'feaw Board are
always open to reviewing any particular area , but any change would be based on the criteria by
which the areas are designated , not simply personal preference.
C1 Leifer said the document does not have same the bevel of detail as is available on the
DEC website and suggested that be done as it would help to explain why a designation was
made .
O ne of the things the Conservation hoard will discuss is the language with respect to
fertilizer and pesticides.
N Weraney suggested that property owners in designated areas be notified by mail ,
Supv Sumner said this designation will only come into play durielg the application
process of a project or action that requires review under the State Environmental Quality
Review Act . The Town has never described critical environmental areas , so has always
answered no to that question on the review form . This action and description of the areas
simply gives the Iowa a too] to answer that particular question in the SEQR review_
Atty Perkins said the regulations provide following designation, potential impact of any
'fits I or unlisted action on the environmental characteristics of the CEA is a relevant area of
environmental concern and must be evaluated in the determination of significance prepared
}pursuant to SEAR , He said most are unlisted actions or Type II actions_
D hwasnowi ki said Type II actions tag operations, building permits, administrative
decisions by his office) are not subject to SEAR , so them would be no impact on those things .
Pafpnt 113or114
a
l B 2- 16- 12
• M Robertson said this needs to be made very clear to the public . Cl Leifer said it would come
in to play for a permit for a gas drilling well pad .
D Kwasnowski said the site plan review associated with the Xtra-mart application
would require a SEQR review . That site is very close to Pall Creek with some steep slopes in
back. The only difference with the CEA designation is that they will check a box and
acknowledge there is a CEA and what the applicant proposes to mitigate any potential impact .
He assured an audience member that the DEC does not actually get involved unless there is a
dispute in the process or the DEC is the lead agency .
13 Schickel said he appreciates that the Town Board is sending the CEAs back to the
Conservation Board , and encouraged the board to ask them to do a thorough , scientific job.
He doesn 't think they 've really gotten to that threshold . They should access the property and
talk with property owners.
Supv Sumner said she was involved in the process and understands its scientific basis ,
and understands that the public needs more information about their process .
T Woods said he would like to know what databases were used to draw the boundaries
of the CEAs and D Kwasnowski said the map layers were all on the website.
D Scutt commented that there is no scientific basis for including Cornell owned land .
Supv Sumner said the comment period was technically closed last month , but the
board always welcomes comments and takes them into consideration .
• There being no further business, on motion made , seconded and unanimously carried ,
the meeting was adjourned at 1. 1. : 10 p. m .
AResp ctfully submitted , 1
MA/ ge .7a€2,--ty
• Bambi L. Avery
Town Clerk
•
Page 114 of 114
a
'�
a. .
" OR It
February 16, 2012
•
Ms . Mary Anne Sumner, Supervisor
Town Board of Dryden
93 E . Main St .
Dryden , NY 13053
Dear Madam Supervisor and the Town Board :
I write on behalf of the Planning Board of the Town of Dryden to encourage you to conclude the process
of either adopting of a new Zoning Ordinance or amending the existing Zoning Ordinance as we
recommended last fall . We also encourage the Town Board to either adopt the recommended new
Subdivision Law or amend the existing one as introduced last fall .
With the approach of the construction season , the Planning Board is concerned that there will be
confusion and other issues that may arise if the provisions of the new or revised ordinance and law are
not in effect . Staff from the Planning Department have reported they have already delayed processing
• one application for Site Plan Review because they weren' t sure when the new law would be in place .
They ultimately decided to resort to the existing law . While relatively harmless in this instance, we feel
that it could be confusing and lead to a sub optimal outcome if the provisions the Planning Board has
recommend are not in effect. For a greater more complex project it could be very confusing. We are
also concerned the current uncertainty might also inhibit development .
Implementation of the Planning Board recommendations, either as amendments to or replacement of
the existing Zoning Ordinance and/or Subdivision Law is key to furthering the goals of the current
Comprehensive Plan .
We urge you to take action on these items so that we may move forward with all the other important
work in the Town of Dryden .
Please feel free to contact me if you have question or concerns :
Respectfully submitted ;
!%
(1) LSES)9miL
j
Joseph . Lalley III, Chair
Town of Dryden Planning Board
•
• TOWN OF .DRDEN, NEW YORK
CONSERVATION BOARD RULES AND PROCEDURES
SECTION 19 BACKGROUND :
A . Town of Dryden Local Law No . 4 of the year 2000 created the Conservation Advisory
Council (CAC) .
B . local Law No , I of the year 2004 designated the CAC as the Town of Dryden
Conservation Board (herein " Board") . These Local Laws provide that the Board shall :
"Adopt rules and procedures for its meeting and matters referred to it. "
C . The Conservation Board consists of nine members , appointed by the Town Board . The
term of appointment is for three years. Persons residing within the Town o Dryden , who
are interested in the improvement and preservation of environmental quality, are eligible
for appointment as members of the Conservation Board_ Vacancies on the Board are
tilled in the same manner as the original appointment. The Chair of the Board is
appointed annually by the Town Board ,
SECTION 2 . SHORT TITLE :
The following shall be known as the rules and procedures of the Conservation Board of the
Town of Dryden, New York.
SECTION 3 . OFFICERS , MEB" rI GS , AND COMMITTEES :
A . Officers
1 . Chair: The Town Board shall appoint the Chair of the Board . At the January meeting,
the Board shall recommend a Chair to serve for the ensuing year. The meeting at
which the Chair is recommended shall be chaired by the incumbent Chair. in
selecting nominees for the Chair, each member of the Board sha] I have one ( 1 ) vote ,
which vote shall be by paper ballot . A majority of the entire Board shall be sufficient
to recommend e Chair to the MINI/ Board . The recommendation of e Chair by the
Board is not binding upon the Town Board , 'The failure of the Board to recommend a
Chair shall have no effect on the appointment of one by the Town Board,
S . Vice -chairs : The Chair shall designate Yew the members of the Board the First and
Second Vice-chairs, subject to the approval by the Board by majority vote of the
entire Hoard, which shall be by paper ballot,
B . Secretary : The Secretary shall be appointed by the Town Board from the staff of the
Town of Dryden , The Secretary shall not be e member of the Board .
DRAFT_072720 1 I _rnrp
• , Duties ofthe Officers
1 , Chair : The Chair shall preside at all meetings of the Board , and conduct all meetings
in an efficient, focused, and business- like manner. In a timely manner, the Chair shall
provide the members of the Board with an agenda and any necessary information
before each scheduled meeting of the Board , The Chair shall be an ex-Officio , non-
voting member of any committee of the Board , The Chair is responsible for review of
all reports and studies of the committees of the Board . The Chair must sign all
memoranda and reports submitted by the Board to the Town Board or to any other
agency , official , or board of the town , county, state and federal governments, and
shall sign all correspondence . Likewise, the Chair, in consultation with the entire
Board, must review and approve any news releases sent to the news media. The Chair
shall approve all authorized expenditures of the Board within the appropriations of
the Board ' s budget. The Chair shall prepare and furnish budget and financial
statements on a quarterly basis to all members of the Board and Town Board . The
Chair shall appoint a budget committee to draw up a proposed annual budget request.
h . Vice-chairs : The First Vice-chair shall , in the absence of the Chair, carry on the duties
of the Chain In the absence of the Chair and the First Vice -chair, the Second Vice-
chair will carry on the duties of the Chair. Either the First or Second Vice-chair may
he called upon to record minutes of meetings in the absence of the Secretary.
D . Duties of the Secretary : The Secretary shall issue el ! notices of meetings of the Board
and prepare such correspondence as the Chair may request.. The Secretary may assist the
Chair in the preparing any financial statements. The Secretary shall keep minutes of the
meetings of the Beath, rrnith the text of every motion and the vote thereon , Following the
meeting the minutes shall be furnished to the Board before its next meeting _ The minutes
stall show the names of persons appointed to Board committees . In the absence of the
Secretary, the first Vice-chair or Second ioe -chair, as the case may be, shall be
responsible for keeping the minutes of the meeting and distributing those minutes to the
Board before its next meeting _
E. Meetings : There shall be at least twelve ( i ) meetings each hem of the Board . Meetings
shall be called for conducting such business as the Chair or a majority of the members
deem necessary , Specie] meetings of the Board may be called at any time at the pleasure
of the Chair or a majority of the Board , quorum of the Board shall be a majority of the
total members of the Board , A vote of a majority of the entire Board shall be required ter
the adoption of any motion.
F . Committees : The Chair may establish such committees as are necessary to carry out the
purposes of the Board . The committees shall report to the Board , at each regular
meeting, their activities and accomplishments since the last report . Coanmittees have no
right to incur debt or hind the Board in any matter, unless previously authorized by the
Chair.
•
DRAPT 0727201 ] =mrp
• C Attendance at Meetings : Members of the Board are expected to attend all regularly
scheduled meetings and all specially scheduled meetings . in die event that a member is
absent from three (3) consecutive, regularly scheduled meetings. or in the event a
member is absent from five (5) meetings within any one ( 1 ) calendar year, then such
member may be removed from the Board, as provided by 'Yawn of Dryden Local Law
No . 1 of the year 2002 .
SECTION 4 . CODE OF ETHICS :
Board members are bound by the Bode of Ethics of the Town of Dryden, adopted December
1970, and amended September 1990.
SECTION 5 . MEETTN RULES :
The order of business and parliamentary procedures shall follow Robert 's Rules of Order, latest
edition, including, but not limited to , formal motions and votes of the Board , except as provided
in these rules and procedures .
SECTION 6, POWERS AND DUTIES OF THE CONSERVATION BOARD :
D :
The powers and duties of the Board shall be to carry out the intent and the purposes of the New
Bork Genera! Municipal Law Sections 239x and 239y, and Town of Dryden .Local Law Na . 4 of
411 the year 2000 , and Local Law Nor l of the year 2004 _ Where a conflict exists between the Local
laws and the General Municipal Law, the provisions of the Basal Laws shall control .
SECTION 7 . EFFECTIVE DATE :
These rules and procedures shall take effect immediately upon approval by the Towzi Board .
• [-SPEAKER SIGN IN SINEW 2- 16- 12
If you wish to address the Board under citizen ' s privilege of the floor please sign
in below. Speakers will be limited to a maximum of three minutes . Please provide the
Clerk with a written summary of your statement.
Name Address
ib
it, .r r „ L . Gt, dads /. /52 a Ac ALL ' . AZ ' a
VX/4 ,c . 4))c5M . -
17-57, teN i•-■ 13 , ...e.,..- ( 6 ? t 14- e-t, _5 1.--a-t.„) 0,94. •-
j L., • N 13 -?ct ei fvJLLc
�/ / ad-c-- � - I ' Z ern.) s -
Tic .„... r
Z - . ;Ille---0 - r� ; _
- .�. { \ (R Sit , Igo lP , C . 1
c2- ow h o ZB (Aft_ race et AAL,14 114
d ,6 aJ
1
es9 imw,,,, ,, A Z. �`� ✓ / ( - ' ♦ I ✓e. I), 7e"_
77, y
S jam- /G��- r a 7 �7
-_-J &e_ GO ) svtv . ) r:i
•
:t : Dryden Town Board Meeting r
i re, , - Dryden Town hall �.
L � ��I 93 East Main Street - ov ��. n ,
` IJ ` tw..-- Thursday , February 16 , 201. 2 — 7 : 30 PM iy ��
I . Call Meeting to Order
2 . Pledge of Allegiance
3 . Roll Call •
4 . Public hearing
a. SUP I-tuber Auto Salvace
b . Xtra Mart Site Plan Review
5 . Citizens Privilege
6 . Town Clerk B Avery
a. Approve Meeting Minutes for 1 - 11 - 12 and 1 - 18- 12
7 . Highway Superintendent/Dept Of Public Works J Bush
a . 284 agreement
8 . Recreation Department M Bianconi
a. Alternate representative to Recreation Partnership
b . Correction to DRC Appointments
c. DRC Vacancies
d . DYC appointment
e . Concessions policy
9 . County Briefing Robertson/Lane
• 10 . Planning Department J Nicholson
a. Conservation Board Rules and Procedures
b . Conservation Board recommendation for Chair
c . Conservation Board comment re . proposed gravel mine
d . Unsafe structures — 41 & #2 •
11 . Engineering : Yellow Barn Water District MPR A Sciarabba
12 . Attorney M Perkins
13 . Unfinished Business
a. Authorize Supervisor to sign solar panel lease application
b . Introduce Zoning amendment
c . Critical Environmental Areas
d . Highway reserve expenditure
14 . New Business
15 . Committee Reports (3 minutes or less each, please)
a. Emergency Services Committee Sumner/Leifer
b. Finance & Grants Committee Stelick/Leifer
c . Human Resources Committee Stelick/heifer
1 . Leave policy
d . Technology Committee Leifer/Stellick
e . Infrastructure Committee Solomon/Stelick
f. Recreation/Youth/Community Centers Committee Lavine/Stelick
16. Future Agenda Items
• 17 . Executive Session (if necessary)
The Next Town Board meeting will be
2012 at 7 : 00 PM
Sri p
Town of Dryden
Town Board Meeting
February 16 , 2012
Name - P1ease; !Print Address or Board
L`h S4* QCr 4.CW ,` t.2 43/46i CP ailakva- i
C \ -g`- 2t\ L\ r� Y sa-A ra -AANa coA ) thi
/1rnint / W temv % 9 / o a•v ,71,0o /
L1t /1r '& 5 v, r/
/an Z • Abri5 t . I( 4'
0L. te. - ( , g ,41 H-o4.0-vg Lsai 12.C.
• ? . J_
1 c7 ; M l c..
•
Ai , ,
bAel k Ke..6 c_patPt Lien>
L _ '�✓l ,L��G�./V- / - J �i >I ..J cc . •.I (AA
%e4 6- 7 /eat/44 a-7--
FAA/ V7 C (pa e ;FIE r z Z 61- 0 i yje i� CA?
• eAsto4c_ Lir, raj- Lgz
Town of Dryden
Town Board Meeting
February 16 , 2012
Name - �Rlease .Pnnt
_ _._,..1 _ Address or Board •
h .J ;qsawAe'Mt7tIstt-Pr KG ... etn S
t X
c1 ■ Vi k -4 -- z s1a inc(( n . L cler■
? c,\C !?&K1 12T7- )41-e,
cThy / k 6. 0p
/voc41MukL �L
•
03 / 29 /2032 1. 3 : 1. 1 : 30
MONTHLY REPORT OF SUPERVISOR
TO THE TOWN BOARD OF THE Town of Dryden :
irsuant to Section 125 of the Town Law , I hereby render the following detailed statement
all moneys received and disbursed by me during the month of ['ebr . ; , 2012 :
DATED : March 29, 2012 l ,Ater `i
SUPERVISOR
Balance Balance
01 / 31 / 2012 Increases Decreases 02 /29/2012
A GENERAL FUND - TOWNWIDE
CASH - CHECKING 3 , 431 . 11 153 , 308 . 70 153 , 429 . 83 3 , 309 . 98
CASH - SAVINGS 1 , 573 , 483 . 61 435 , 015 . 89 153 , 303 . 85 1 , 855 , 195 . 64
PETTY CASH 700 . 00 0 . 00 0 . 00 700 . 00
PETTY CASH - POSTAGE 4 , 269 . 91 0 . 00 0 . 00 4 , 269 . 91
DPW Equipment Capital Reserve 34 , 446 . 73 13 . 81 0 . 00 34 , 460 . 54
Town Buildings Capital Reserve 50 , 283 . 61 20 . 16 0 . 00 50 , 308 . 97
Recreation Capital Reserve 303 , 573 . 58 121 . 68 0 . 00 303 , 695 . 26
General Capita ]. Reserve 50 , 286 . 81 20 . 16 0 . 00 50 , 308 . 97
TOTAL 2 , 020 , 482 . 56 589 , 500 . 39 306 , 733 . 66 2 , 302 , 249 . 27
DA HIGHWAY TOWNWIDE FUND
CASH - CHECKING 0 . 00 76 , 070 . 02 76 , 070 . 02 0 . 00
1111 CASH - SAVINGS 1 , 154 , 267 . 57 85 , 728 . 53 76 , 070 . 02 1 , 163 , 946 . 08
HIGHWAY EQUIPMENT CAPITAL RESE 380 , 233 . 79 118 . 34 85 , 000 . 00 295 , 352 . 13
TOTAL 1 , 534 , 521 . 36 161 , 916 . 69 237 , 140 . 04 1 , 459 , 298 . 21
B GENERAL - OUTSIDE FUND
CASH - CHECKING 0 . 00 16 , 833 . 27 16 , 633 . 27 0 . 00
CASH - SAVINGS 473 , 169 . 92 4 , 070 . 89 16 , 833 . 27 460 , 407 . 54
PUTT`_' CASH - POSTAGE 1 , 540 . 34 0 . 00 0 . 00 1 , 540 . 34
Cash , Customers Deposits 5 , 000 . 00 0 . 00 0 . 00 5 , 000 . 00
TOTAL 479 , 710 . 26 20 , 904 . 16 33 , 666 . 54 466 , 947 . 88
DB HIGHWAY OUTSIDE FUND
CASH - CHECKING 0 . 00 29 , 523 . 80 29 , 523 . 80 0 . 00
CASH - SAVINGS 1 , 623 , 419 . 18 2 , 924 . 97 29 , 523 . 60 1 , 596 , 820 . 35
TOTAL 1 , 623 , 419 . 18 32 , 448 . 77 59 , 047 . 60 1 , 596 , 820 . 35
SF1 - DRYDEN FIRE DISTRICT
CASH - CHECKING 0 . 00 333 , 408 . 00 333 , 408 . 00 0 . 00
CASH - SAVINGS 832 , 413 . 78 200 . 01 333 , 406 . 00 499 , 205 . 79
TOTAL 832 , 413 . 78 333 , 608 . 01 666 , 816 . 00 499 , 205 . 79
ID SL1 - VARNA LIGHTING DISTRICT
CASH - CHECKING 0 . 00 677 . 29 677 . 29 0 . 00
CASH - SAVINGS 7 , 394 . 41 2 . 69 677 . 29 6 , 719 . 81
C-- age 1
MONTHLY REPORT OF SUPERVISOR
Balance Balance
01 / 31 /2012 Increases Decreases 02 /29 / 2012
• TOTAL 7 , 394 . 41 679 . 98 1 , 354 . 58 6 , 719 . 81
SL2 - ETNA LIGHTING DISTRICT
CASH - CHECKING 0 . 00 543 . 50 543 . 50 0 . 00
CASH - SA:' INGS 5 , 365 . 17 1 . 93 543 . 50 4 , 823 . 60
TOTAL 5 , 365 . 17 545 . 43 1 , 067 . 00 4 , 823 . 60
SL3 - MEADOW/LEISURE LIGHTING
CASH - CHECKING 0 . 00 420 . 81 420 . 81 0 . 00
CASH - SAVINGS 4 , 718 . 15 1 . 72 420 . 61 4 , 299 . 06
TOTAL 4 , 716 . 15 422 . 53 841 . 62 4 , 299 . 06
SM AMBULANCE DISTRICT
CASH - CHECKING 0 . 00 3 , 000 . 00 3 , 000 . 00 0 . 00
CASH - SAVINGS 529 , 719 . 66 211 . 12 3 , 000 . 00 526 , 930 . 98
TOTAL 529 , 719 . 86 3 , 211 . 12 6 , 000 . 00 526 , 930 . 98
SS1 - SAPSUCKER SEWER - UNITS
CASH - CHECKING 0 . 00 76 . 23 76 . 23 0 . 00
CASH - SAVINGS 57 , 904 . 53 89 . 21 76 . 23 57 , 917 . 51
TOTAL 57 , 904 . 53 165 . 44 152 . 46 57 , 917 . 51
0 SS2 - VARNA SEWER - UNITS
CASH - CHECKING 0 . 00 1 , 238 . 27 1 , 239 . 27 0 . 00
CASH - SAVINGS 200 , 320 . 65 103 . 50 1 , 238 . 27 199 , 185 . 88
TOTAL 200 , 320 . 65 1 , 341 . 77 2 , 476 . 54 199 , 185 . 88
SS3 - CORTLAND RD SEWER
CASH - CHECKING 0 . 00 43 , 141 . 10 43 , 141 . 10 0 . 00
CASH - SAVINGS 263 , 727 . 72 32 , 287 . 17 43 , 141 . 10 253 , 373 . 79
POSTAGE 32 . 22 0 . 00 0 . 00 32 . 22
TOTAL 263 , 759 . 94 75 , 928 . 27 86 , 262 . 20 253 , 406 . 01
SS4 - MONKEY RUN SEWER
CASH - CHECKING 0 . 00 10 , 395 . 70 10 , 395 . 70 0 . 00
CASH - SAVINGS 243 , 165 . 40 156 . 36 10 , 395 . 70 232 , 926 . 06
TOTAL 243 , 165 . 40 10 , 552 . 06 20 , 791 . 40 232 , 926 . 06
SS5 - TURKEY HILL SEWER
CASH - CHECKING 0 . 00 122 . 60 122 . 60 0 . 00
CASH - SAVINGS 238 , 504 . 81 265 . 51 122 . 60 238 , 647 . 72
TOTAL 238 , 504 . 81 386 . 11 245 . 20 238 , 647 . 72
SS6 - PEREGRINE HOLLOW SEWER
CASH - CHECKING 0 . 00 35 . 42 35 . 42 0 . 00
CASH - SAVINGS 97 , 335 . 71 39 . 00 35 . 42 97 , 339 . 29
Page 2
MONTHLY REPORT OP SUPERVISOR
Balance Balance
01 / 31 / 2012 Increases Decreases 02 /29 / 2012
• TOTAL 97 , 335 . 71 74 . 42 70 . 84 97 , 3339 . 29
SS7 - ROYAL ROAD SEWER
CASH - CHECKING 0 . 00 165 . 30 165 . 30 0 . 00
CASH - SAVINGS 32 , 436 . 48 12 . 94 165 . 30 32 , 284 . 12
TOTAL 32 , 436 . 48 178 . 24 330 . 60 32 , 284 . 12
SW1 - VARNA WATER
CASH - CHECKING 0 . 00 6 , 697 . 09 6 , 897 . 09 0 . 00
CASH - SAVINGS 374 , 366 . 20 192 . 67 6 , 897 . 09 367 , 661 . 98
TOTAL 374 , 366 . 20 7 , 089 . 96 13 , 794 . 18 367 , 661 . 96
SW2 - SNYDER HILL WATER
CASH - CHECKING 0 . 00 2 , 254 . 73 2 , 254 . 73 0 . 00
CASH - SAVINGS 83 , 402 . 78 72 . 54 2 , 254 . 73 81 , 220 . 59
TOTAL 83 , 402 . 78 2 , 327 . 27 4 , 509 . 46 61 , 220 . 59
SW3 - MONKEY RUN WATER
CASH - CHECKING 0 . 00 11 , 874 . 16 11 , 674 . 16 0 . 00
CASH - SAVINGS 257 , 226 . 41 3 , 396 . 70 11 , 874 . 16 248 , 750 . 95
TOTAL 257 , 228 . 41 15 , 270 . 86 23 , 748 . 32 248 , 750 . 95
410 SW4 - HALL ROAD WATER
CASH, - CHECKING 0 . 00 470 . 67 470 . 67 0 . 00
CASH - SAVINGS 30 , 741 . 22 12 . 13 470 . 67 30 , 282 . 68
TOTAL 30 , 741 . 22 482 . 80 941 . 34 30 , 282 . 68
SW5 - TURKEY HILL WATER
CASH - CHECKING 0 . 00 470 . 66 470 . 66 0 . 00
CASH - SAVINGS 228 , 682 . 31 361 . 46 3 , 374 . 18 225 , 669 . 59
TOTAL 228 , 682 . 31 832 . 12 3 , 844 . 84 225 , 669 . 59
SW6 - ROYAL ROAD WATER
CASH - CHECKING 0 . 00 359 . 13 359 . 13 0 . 00
CASH - SAVINGS 49 , 000 . 57 19 . 50 359 . 13 48 , 660 . 94
TOTAL 49 , 000 . 57 378 . 63 718 . 26 48 , 660 . 94
CD REHABILITATION LOANS AND GRANTS
CASH - CHECKING 173 , 326 . 33 0 . 00 200 . 00 173 , 126 . 33
TOTAL 173 , 326 . 33 0 . 00 200 . 00 173 , 126 . 33
TA AGENCY FUND
CASH - TRUST & AGENCY 58 , 540 . 92 132 , 145 . 80 163 , 836 . 46 6 , 650 . 26
TOTAL 58 , 540 . 92 132 , 145 . 80 183 , 836 . 46 6 , 850 . 26
Page 3
MONTHLY REPORT OF SUPERVISOR
Balance Balance
01 / 31 /2012 Increases Decreases 02 /29/ 2012
-
• HB CORTLAND ROAD SEWER BAN
CASH - SAVINGS 24 , 798 . 65 0 . 00 0 . 00 24 , 798 . 65
TOTAL 24 , 798 . 65 0 . 00 0 . 00 24 , 798 . 65
TOTAL ALL FUNDS 9 , 451 , 259 . 64 1 , 339 , 393 . 03 1 , 654 , 629 . 16 9 , 186 , 023 . 51
•
•
Page 4