HomeMy WebLinkAboutLL 1994 #1 PDZ #2 Mobile Home Park •
ADOPTED - JUNE 1, 1994
P
TOWN OF DANBY
LOCAL LAW NO. 1 - 1994
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A
MOBILE HOME PARK PLANNED DEVELOPMENT AND A RESIDENTIAL
PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2
AND TO MODIFY THE BOUNDARIES OF SUCH ZONE.
Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re-
adopted by the Town Board on December 11, 1991, and subsequently amended, is
further amended as follows:
1. The area described on Schedule A attached is hereby rezoned from Low
Density Residential to Town of Danby Planned Development Zone 2.
2. The area described on Schedule B attached is hereby rezoned from Town
of Danby Planned Development Zone 2 to Low Density Residential.
3. Henceforth, Town of Danby Planned Development Zone 2 shall be comprised
of a Mobile Home Park Planned Development and a Residential Planned
Development, as shown on a map approved by the Town Board on March 30, 1994
entitled "General Site Plan: Planned Development Zone 2, Hillview Terrace
Subdivision and Mobile Home Park Expansion, Owners: Paul and Mary Lou
Hardesty" dated August, 1993, revised through February 7, 1994. The boundaries
of the Mobile Home Park Planned Development and the Residential Planned
Development, and the overall boundaries of the entire Planned Development Zone
2 are set forth on Schedule C attached.
4. The Zoning Map of the Town of Danby, including the Supplement to the
Zoning Map, Page 17, is hereby amended to show the boundaries of Planned
Development Zone 2 as set forth in this local law, which boundaries shall
supersede any previous boundaries for such Zone.
5. The Residential Planned Development shall be subject to the following
provisions, notwithstanding any other pertinent zoning or subdivision
requirements:
(a) LIMITATION ON NUMBER OF LOTS. There shall be no more than
three residential lots in the Residential Planned Development and the
only uses on such lots shall be as set forth below.
(b) PERMITTED PRINCIPAL USES. Permitted principal uses shall be
limited to the following:
(i) one single-family dwelling unit per lot to be occupied by no
more than one family.
(Ii) a two-family dwelling provided that
(A) each dwelling unit is occupied by no more than one
family; and
Town of Danby
Local Law #1 of 1994
o-
(B) one of the two units in the building are occupied by the
owner of the building. For purpose of this ordinance the
"owner" is one or more natural persons at least 18 years of
age who is or are the record owner of at least a 50% interest
in the property. Title held in tenants by the entirety or joint
tenants shall be deemed (unless otherwise specifically
designated in the deed or other record) for this purpose to
be held in proportion to the number of joint tenants on the
deed (e.g., if there are three persons on the deed as joint
tenants, each is deemed to hold a one-third interest. In that
circumstance at least two of the deed record owners would
have to occupy the premises to qualify the building as being
occupied by the owner of the building.)
(c) PERMITTED ACCESSORY USES. Accessory uses shall be limited to
those accessory uses permitted in a Low Density Residential Zone
without a special permit by other terms of this ordinance.
(d) USES PERMITTED BY SPECIAL PERMIT ONLY. The only other
permitted uses shall be by special permit and shall be limited to
(i) Nursery Schools, group family day care homes, and day care
centers.
(ii) Customary home . occupations and professional residential
offices where no external visible evidence of same exists on
the site.
(iii) Doublewide mobile homes if the same are permanently mounted
on foundations.
(e) BUFFER YARD REQUIREMENTS. A buffer yard 75 feet deep shall be
established and maintained between the proposed Residential Planned
Development and adjacent properties outside of Planned Development
Zone 2.
(f) LOT AREA. The lot area required for the residential lots shall be as
shown on the final site plan which shall substantially conform to the
general site plan referred to above.
(g) OTHER REQUIREMENTS. Yards, signs, height and 'building area shall
be in conformity with the requirements for :same in a Low Density
Residential Zone, except that frontage requirements for each lot shall
be as shown on the above-referenced site plan.
6. The Mobile Home Park Planned Development shall be . subject to the
provisions of "Section 605 - Mobile Home Park Zone, Town of Danby Zoning
Ordinance", as if it were a mobile home park governed by said section. In
addition to the provisions set forth in Section 605, the Mobile Home Park Planned
Development shall be subject to the supplemental provisions set forth below.
Where there is a conflict on a specific matter between the provisions of Section
605 and the provisions of this local law, the provisions of this local law shall
2
Town of Danby
Local Law #1 of 1994
govern. The supplemental provisions are as follows:
(a) MAXIMUM NUMBER OF MOBILE HOMES.
(i) There shall be no more than 26 mobile homes located within
the presently-existing Hillview Terrace Mobile Home Park.
(ii) There shall be no more than 31 additional mobile homes located
elsewhere in the Mobile Home Park Planned Development, such
additional homes to be located substantially as shown on the
above-referenced site plan.
(b) ACCESSORY USES. In addition to the accessory uses permitted by
Section 605, the following accessory uses are permitted:
(i) Structures and facilities for water supply, sewage disposal,
and other utilities as may be necessary for operation of the
Mobile home Park Planned Development.
(ii) Customary home occupations.
(c) SITE LAYOUT. The construction and location of the mobile homes
and all other structures and facilities shall be as shown on the final
site plan approved by the Planning Board, which final site plan shall
be substantially in accord with the above referenced site general
site plan. There will be no change in location of mobile homes,
stands, structures, or other facilities, anywhere in the Mobile Home
Park Planned Development, without approval of a modified final site
plan by the Planning Board. When the Planning Board is of the
reasonable opinion that the modified site plan is a significant
deviation from the general site plan referenced above, no modified
site plan shall be approved by the Planning Board until the site
plan has been submitted to, and approved by, the Town Board after
public hearing.
(d) INSTALLATION AND STANDS. Mobile homes and their installations
shall comply with pertinent requirements of the New York State
Uniform Fire Prevention and Building Code and its generally
accepted standards for mobile homes. Any mobile homes installed in
the Planned Development Zone 2 after the effective date of this local
law shall, in addition, comply with any other requirements contained
in this zoning ordinance or other Town legislation related to
installation and stands, except that no anchoring shall be required
of mobile homes installed on the stands in the existing Hillview
Mobile Home Park located along Tammy Drive.
(e) BUFFER YARDS. The normally required 30 foot buffer strip
contained in subdivision 10 of Section 605 shall be increased to a
required buffer strip at least 75 feet wide between the Mobile Home
Park Planned Development and adjacent properties outside of
3
Town of Danby ,
Local Law #1 of 1994
Planned Development Zone 2. No structures and no parking spaces
are permitted in the buffer ' yards, except for utility structures
which are customary to mobile home park operation. Landscaping as
shown on the General Site Plan shall be installed within one year of
the date of final site plan approval. If not so installed, no further
building permits shall be issued for any construction anywhere in
Planned Development Zone 2, or for the siting of any mobile homes
in Planned Development Zone 2 until the required landscaping is
installed.
(f) ACCESS DRIVES AND WALKWAYS. Access drives in the proposed area
for expansion in the Mobile Home Park Planned Development shall be
paved with blacktop, concrete, or other solid material, as shown on
the approved final site plan. The drives and walkways in the already
existing mobile home park area of the Mobile Home Park Planned
Development may be constructed of a different surface material, such
as crusher run stone, provided that the surface provides adequate
support and access for emergency vehicles such as ambulances and
fire trucks.
(g) STORAGE. No outside storage of equipment or other household
materials is permitted, nor is any such storage underneath the
mobile homes permitted. The mobile home owner may erect a secure
storage structure on a lot subject to the minimum setback
requirements shown on the "Typical Lot Layout" provided with the
above-referenced general site plan, subject to any pertinent building
code requirements.
(h) SCREENING OF WASTE AND REFUSE. If collection areas for waste and
refuse are provided for the convenience of several home owners,
such areas shall be secure from animals and the elements and of
suitable size, and shall be screened from public view by landscaping
or fencing in accordance with Section 605 of this zoning ordinance.
(i) SIGNS. A sign identifying the mobile home park area is permitted
at each park entrance. No such sign shall exceed 50 square feet in
size.
(j) BUILDING PERMITS. A building permit shall be required for each
mobile home and, except as exempted by Section 1101 of the Zoning
Ordinance, for all accessory buildings and other structures.
(k) SITE PLAN APPROVALS. No building permit shall be issued for a
structure within the Mobile Home Park Planned Development unless
the proposed structure is in accordance with a site plan approved
pursuant to the provisions of this Ordinance and approved by the
Tompkins County Health Department. No subdivision of the Mobile
Home Park Planned Development is permitted without approval of the
Town Board, following Planning Board review. No alteration,
amendment, or change in the Final Site Plan as approved by the
Planning Board is permitted without . further approval by the
Planning Board (except as provided in the Zoning Ordinance relative
4
Town of Danby
Local Law #1 of 1994
to modifications to site plans).
(1) PROHIBITION OF CONSTRUCTION. Notwithstanding the foregoing,
there shall be no new construction in the proposed Mobile Home Park
Planned Development except for the construction of park access
drives and utilities until the applicant has complied with all
applicable requirements of the Tompkins County Health Department
and demonstrated to the satisfaction of the Planning Board that the
water supply and sewage disposal systems needed for the existing
and the expanded mobile home park have no adverse impact on the
quantity or quality of water supplies of existing residences adjoining
the site, and until the applicant has been granted Final Site Plan
Approval by the Planning Board.
Section 2. In the event that any portion of this law is declared invalid by a
court of competent jurisdiction, the validity of the remaining portions shall not
be affected by such declaration of invalidity.
Section 3. This law shall take effect 20 days after its adoption or the date it is
filed in the Office of the Secretary of State of the State of New York, whichever
is later.
5
.; :. Rardesty.LL, wp51, Danby, , 11/25/94 12:16pm
,ri•
■ ,
SCHEDULE A
Description of lands being rezoned from Low Density Residential to Planned
Development Zone 2:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is approximately •°1180 'feet south'along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the northeast corner of premises reputedly owned by Hardesty (Lax parcel 20-1-
4.5) and formerly owned by Floyd and Marian Hoover and known generally as 50
South Danby Road; running thence south along the centerline of South Danby
Road approximately` 110 feet/to 'the'_southeast`'corner of Lot' 3 as shown on the
General Site Plan 'referred to in this`local law; 'running thence west along the
'south line of said Lot 3 a distance of 'approximately 215, feet .to the intersection
f 'of' said ' Lot line ' with` the centerline of` a drainage' stream; running then
northeasterly" along said' drainage stream and along a culvert to the point 'or
place of beginning.
•v�`t�. f' 4 ,rert "•7!f'!:'�.J i^ 'ltifii •4
•. ,,•;} :11f s f,•, raryr f! ,'tS .
!)';ii CI 910 _ i f''.1!. `) .!it' .,.;i+.,. ri• f • '
'1 f.t .f .f- !,/•., . , °1, `t 1'lJ . ' it. „1 1 ., ,
+. Y '.9 lt. [ j •i° i'..e.'y ._ .ir it ;f i{:,..•
i... 1 � :} ..t, '1• Jft 'i`li +¢,C1J. elf: ,1. r ..
..J G. , , :>.'. 1: e,'J' t ., of '1
•
•
6
•
•
•
•
• i..�f ,it t • �'�tif F'.�i (.1';;;,
•
Hardesty.LL, wp51, Danby, , 11/25/94 12:16pm . •
•
" - •• .:(: ^ "i:l'ii tZ r�,•�.'r 1. ..c449(.'i. ,±1:;r ,.),. is , .l 11
SCHEDULE B •
. ,,ti.( 'f ti. ''i:il l,;.lf5j:5s f:{ .,l ;"!1 :ii?'&i ?'. - ;y ;;:.i;i th .,;;;'t
Description of lands • being rezoned from Planned Development Zone 2 to Low
Density Residential: .
{ i: S' .i ;C •iil1'�� •Li` `>:if :1:.1.iti:,x x "5j1.! saf ''r: :E: t -.i%
,i "t 't 1 rl nis?' "! ? tU?ler,rdi <.+ It.'ir- S 3r :i , 1t ;f
Parcel 1: • •! ! u .t . :. .a. ei'i ?J`„t i' ( ? 1Tc .t ,r ii ;,t , t:. ;. ••
• tit [ ' ;"'i l:t,,:t :�"t19..:tf 4,�:s:i,!.i'. ;E.;t;,,•„t griOWI t .ii
Commencing at 'a point, in the southwest corner,of 'premises,.reputedly, owned ,by
Hardesty •(tax 'parcel 20-1-4.5) and formerly; owned by Floyd :and Marian Hoover
• and known generally as 50 South” Danby', Road,,;which , point oP , beginning is
• approximately 625: feet west of a point in the centerline of South Danby Road
• which point is located approximately' 1690:feet south along the centerline of, South
Danby Road from its intersection with the centerline'of Route .96B, running .thence
from said point of beginning north 30 degrees 25' east along a westerly line of
said Hardesty premises 135.5 feet; running thence north 64 degrees 57' east
approximately 430 feet to the south line of Lot 3 as shown on the General Site
Plan referred to in this local law; running thence westerly along the south line
of Lot 3 approximately 380 feet to the southwest corner of Lot 3; running thence
southerly along the extended west line of Lot 3 approximately 400 feet to the
point or place of beginning.
Parcel 2: -
Commencing at the same point of beginning as Parcel 1 above, running thence
easterly along the south line of said Hardesty property 625 feet to centerline
South Danby Road; running thence south along said centerline 40 feet; running
thence westerly parallel to the first course above approximately 625 feet; running
thence northerly 40 feet to the point of beginning.
The above descriptions are based, in part, upon a survey map entitled "Survey
Map of a Dwelling at 50 South Danby Rd." prepared by Howard R. Schlieder dated
October 17, 1986.
7
•
.
/fardesty.LL, wp51, Danby, , 11/25/94 12:16pm
•
• SCHEDULE C
Description of Mobile Home Park Planned Development: .
Commencing at a point in the centerline of South Danby Road, which point of
beginning is approximately 790 feet south along South Danby Road from its
',intersection with the centerline of Route 96B and which point of beginning is in
the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5);
running thence south along the centerline of South Danby Road approximately 220
feet; running thence westerly, ..and ,substantially parallel to. Tammy Drive a
distance of approximately 585 feet to a point; running thence south along the
,,west. line.; of Lot .3 and ; premises of Hardesty as shown on the General Plan
referred to above approximately. 720 .feet; running thence west along the north
• line• of .Lot• 2 approximately 470 feet • to a point; running thence south along a
west line of Lot 2 approximately. 130 feet to. a point; running thence west along ..
a line of Lot 2 a distance of .approximately 50 feet to a point; running thence
• north, in part along premises';reputedly of Van De Bogart (tax parcel 20-1-1.2)
• and Wright (tax.parcel 20-1-3) a total distance of approximately. 1874 feet to the
South line of, premises reputedly of• Sherwood • (tax parcels 20-1-4.1); running
thence ..east••along Sherwood ,approximately •.200 feet to Sherwood's southeast
corner; running thence •north along Sherwood's east line approximately 161 feet
to the south line of Route 96B; running thence east along the south line of Route
968 approximately 750 feet to the west line of premises reputedly owned by
Newton (tax parcel 20-1-6); running thence, southerly along . Newton's west line
approximately 278 feet to a point in the north line of premises reputedly owned
'•by Tierney; !running thence west' along Tierney's north line approximately 100
. feet to Tierney's: northwest corner; running thence south along Tierney's . west
•line approximately •448 •feet,• to 'Tierney's .southwest corner; running thence east
,along,Tierney's.south line approximately• 274.feet to- the place of beginning.
•
Description. of:Residential Planned Development: • . •
Parcel 1: . • f*>f,•t e • f; . . •
--- . .. . .
Commencing at-a point' in the ,centerline of South • Danby Road, which point is
located approximately .1010 feet south from• its ' intersection with the centerline
• :of: Route:96B anc:F which. point.ofs,beginning is at the end of the first course in
• 'the above, description -of the Mobile Home. Park Planned Development; running
• ;thence south,along the centerline of South Danby Road approximately 170 feet to
.s. point which is the! northeast corner of- premises, reputedly owned by Hardesty
-(tax parcel .20-1'4.5);--thence .running southerly along , the centerline. of South
Danby Road approximately 1110 feet to •the.southeasterly corner of Lot.3 as shown
•
on the .General. Plan referred to above; running thence westerly along the south
• line of Lot 3 a sdistance, of approximately 595 feet to the southwesterly corner of •
•
:r:: f. -1 ∎. -,•,,. 't•.i#,;, 8 .
• • • ••
•
•
•
•
• • •
llardesty.LL, wp51, Danby, , 11/25/94 12:16pm
•
Lot 3; running thence northerly a distance of approximately 280 feet to the
northwest corner of Lot 3; running thence easterly a distance of approximately
585 feet to the place of beginning. •• • • •!' • • - '
Parcel 2: • ' • ••
•sli ; ,t:
• h. 4-1 •: 1
. • 3 ,
Commencing at 'a point in the'Cente'rline'of South I,Danby Road,''which' point' of
• beginning is located approximately,:1730 :feet south of the intersection of said
centerline with the centerline'of Route'96B,• which. point of beginning is 80 feet
north along said centerline ' from. ' the 'northeast corner of''premises reputedly
owned • by Dietrich (tax ' parcel 20-1-4.3); running thence' south lalong said
centerline *approximately 80 feet to the northeast.' corner of Dietrich; running
thence west along Dietrich's -north line approximately 455 feet to the northwest
corner of Dietrich; running thence south-southwesterly.along Dietrich's west line
approximately 600 feet to a point; running thence westerly along the south line
of Lot 1 as shown on said General Plan a •distance of 'approximately 575 feet to
the west line of the premises owned by.4lardesty-(tax parcel 20-1-4.2); .running
thence northerly along the west line of Lot 2 as shown. on said Plan
approximately•550 feet to a point; running thence 'easterly approximately 50 feet;
running thence northerly approximately 130 feet; running thence easterly in part
along the • south line of the Mobile, Home 3 Park,'Planned Area•.a , distance of
approximately .1095 feet to the point or place of beginning. ; .•
. .
Description of Planned Development Zone a; -; •
• ..; c,t
Commencing at a point in the centerline•of. South Denby Road,- which point. of
beginning is approximately 790 feet • south along• South .'Danby : Road from its
intersection with the centerline of Route 96B and which 'point of beginning is in
the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5);
running thence south along the centerline of South Danby Road approximately 220
feet; continuing thence south along the centerline of South Danby Road
approximately 170 feet to the northease'corner-of.premises reput-edly owned by
Hardesty (tax parcel 20-1-4.5); thence running southerly along the centerline of
South Dan by Road approximately 110 feet to the southeast corner of Lot 3 •as
shown on said General Plan; running thence westerly along the south line of Lot
:3 approximately 595 feet; thence running. southerly 400 feet to' the. southwest
corner of said Hardesty parcel; running thence south along the, west line or •
•
extended west line of said Hardesty parcel approximately 40 feet'. to a point;
•
running thence east a distance of approximately 625 feet to 'the centerline of
South Hanby Road which point, is • approximately• 80 feet;:.north •;along ,- said •
centerline from the northeast corner of premises •reputedly!owned,,by Dietrich
(tax parcel 20-1-4.3); running thence 'south'along said centerline approximately •
80 feet to the northeast corner of Dietrich; running. thence 'west along Dietrich's
north line approximately •455 feet.to the ,northwest corner of Dietrich; running
thence south-southwesterly alongiDietrich's. west line. approximately 600 feet to .
a point; running thence westerly along the south line of Lot 1 as shown on said
General Plan a distance of approximately.575 feet; running thence northerly along
9
Hardesty.LL, wp51, Danby, , 11/25/94 12:16pm
the west line of Lot 2 as shown on said Plan approximately 550 feet to a point;
continuing thence north, in part along premises reputedly of Van Dc Bogart (tax
parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately
1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1-
4.1); running thence east along Sherwood approximately 200 feet to Sherwood's
southeast corner; running thence north along Sherwood's east line approximately
161 feet to the south line of Route 96B; running thence east along the south line
of Route 96B approximately 750 feet to the west line of premises reputedly owned
by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line
approximately 278 feet to a point in the north line of premises reputedly owned
by Tierney; running thence west along Tierney's north line approximately 100
feet to Tierney's northwest corner; running thence south along Tierney's west
line approximately 448 feet to Tierney's southwest corner; running thence east
along Tierney's south line 274 feet to the place of beginning.
•
•
•
10 •
ADOPTED - JUNE 1, 19911
TOWN OF DANBY
LOCAL LAW NO. 1 - 1994
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A
MOBILE HOME PARK PLANNED DEVELOPMENT AND A RESIDENTIAL
PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2
AND TO MODIFY THE BOUNDARIES OF SUCH ZONE.
Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re-
adopted by the Town Board on December 11, 1991, and subsequently amended, is
further amended as follows:
1. The area described on Schedule A attached is hereby rezoned from Low
Density Residential to Town of Danby Planned Development Zone 2.
2. The area described on Schedule B attached is hereby rezoned from Town
of Danby Planned Development Zone 2 to Low Density Residential.
3. Henceforth, Town of Danby Planned Development Zone 2 shall be comprised
of a Mobile Home Park Planned Development and a Residential Planned
Development, as shown on a map approved by the Town Board on March 30, 1994
entitled "General Site Plan: Planned Development Zone 2, Hillview Terrace
Subdivision and Mobile Home Park Expansion, Owners: Paul and Mary Lou
Hardesty" dated August, 1993, revised through February 7, 1994. The boundaries
of the Mobile Home Park Planned Development and the Residential Planned
Development, and the overall boundaries of the entire Planned Development Zone
2 are set forth on Schedule C attached.
4. The Zoning Map of the Town of Danby, including the Supplement to the
Zoning Map, Page 17, is hereby amended to show the boundaries of Planned
Development Zone 2 as set forth in this local law, which boundaries shall
supersede any previous boundaries for such Zone.
5. The Residential Planned Development shall be subject to the following
provisions, notwithstanding any other pertinent zoning or subdivision
requirements:
(a) LIMITATION ON NUMBER OF LOTS. There shall be no more than
three residential lots in the Residential Planned Development and the
only uses on such lots shall be as set forth below.
(b) PERMITTED PRINCIPAL USES. Permitted principal uses shall be
limited to the following:
(i) one single-family dwelling unit per lot to be occupied by no
more than one family.
(ii) a two-family dwelling provided that
(A) each dwelling unit is occupied by no more than one
family; and
Town of Danby
Local Law #1 of 1994
(B) one of the two units in the building are occupied by the
owner of the building. For purpose of this ordinance the
"owner" is one or more natural persons at least 18 years of
age who is or are the record owner of at least a 50% interest
in the property. Title held in tenants by the entirety or joint
tenants shall be deemed (unless otherwise specifically
designated in the deed or other record) for this purpose to
be held in proportion to the number of joint tenants on the
deed (e.g., if there are three persons on the deed as joint
tenants, each is deemed to hold a one-third interest. In that
circumstance at least two of the deed record owners would
have to occupy the premises to qualify the building as being
occupied by the owner of the building.)
(c) PERMITTED ACCESSORY USES. Accessory uses shall be limited to
those accessory uses permitted in a Low Density Residential Zone
without a special permit by other terms of this ordinance.
(d) USES PERMITTED BY SPECIAL PERMIT ONLY. The only other
permitted uses shall be by special permit and shall be limited to
(i) Nursery Schools, group family day care homes, and day care
centers.
(ii) Customary home occupations and professional residential
offices where no external visible evidence of same exists on
the site.
(iii) Doublewide mobile homes if the same are permanently mounted
on foundations.
(e) BUFFER YARD REQUIREMENTS. A buffer yard 75 feet deep shall be
established and maintained between the proposed Residential Planned
Development and adjacent properties outside of Planned Development
Zone 2.
(f) LOT AREA. The lot area required for the residential lots shall be as
shown on the final site plan which shall substantially conform to the
general site plan referred to above.
(g) OTHER REQUIREMENTS. Yards, signs, height and building area shall
be in conformity with the requirements for same in a Low Density
Residential Zone, except that frontage requirements for each lot shall
be as shown on the above-referenced site plan.
6. The Mobile Home Park Planned Development shall be subject to the
provisions of "Section 605 - Mobile Home Park Zone, Town of Danby Zoning
Ordinance", as if it were a mobile home park governed by said section. In
addition to the provisions set forth in Section 605, the Mobile Home Park Planned
Development shall be subject to the supplemental provisions set forth below.
Where there is a conflict on a specific matter between the provisions of Section
605 and the provisions of this local law, the provisions of this local law shall
2
Town of Danby
Local Law #1 of 1994
govern. The supplemental provisions are as follows:
(a) MAXIMUM NUMBER OF MOBILE HOMES.
(i) There shall be no more than 26 mobile homes located within
the presently-existing Hillview Terrace Mobile Home Park.
(ii) There shall be no more than 31 additional mobile homes located
elsewhere in the Mobile Home Park Planned Development, such
additional homes to be located substantially as shown on the
above-referenced site plan.
(b) ACCESSORY USES. In addition to the accessory uses permitted by
Section 605, the following accessory uses are permitted:
(i) Structures and facilities for water supply, sewage disposal,
and other utilities as may be necessary for operation of the
Mobile Home Park Planned Development.
(ii) Customary home occupations.
(c) SITE LAYOUT. The construction and location of the mobile homes
and all other structures and facilities shall be as shown on the final
site plan approved by the Planning Board, which final site plan shall
be substantially in accord with the above referenced site general
site plan. There will be no change in location of mobile homes,
stands, structures, or other facilities, anywhere in the Mobile Home
Park Planned Development, without approval of a modified final site
plan by the Planning Board. When the Planning Board is of the
reasonable opinion that the modified site plan is a significant
deviation from the general site plan referenced above, no modified
site plan shall be approved by the Planning Board until the site
plan has been submitted to, and approved by, the Town Board after
public hearing.
(d) INSTALLATION AND STANDS. Mobile homes and their installations
shall comply with pertinent requirements of the New York State
Uniform Fire Prevention and Building Code and its generally
accepted standards for mobile homes. Any mobile homes installed in
the Planned Development Zone 2 after the effective date of this local
law shall, in addition, comply with any other requirements contained
in this zoning ordinance or other Town legislation related to
installation and stands, except that no anchoring shall be required
of mobile homes installed on the stands in the existing Hillview
Mobile Home Park located along Tammy Drive.
(e) BUFFER YARDS. The normally required 30 foot buffer strip
contained in subdivision 10 of Section 605 shall be increased to a
required buffer strip at least 75 feet wide between the Mobile Home
Park Planned Development and adjacent properties outside of
3
Town of Danby
Local Law #1 of 1994
Planned Development Zone 2. No structures and no parking spaces
are permitted in the buffer yards, except for utility structures
which are customary to mobile home park operation. Landscaping as
shown on the General Site Plan shall be installed within one year of
the date of final site plan approval. If not so installed, no further
building permits shall be issued for any construction anywhere in
Planned Development Zone 2, or for the siting of any mobile homes
in Planned Development Zone 2 until the required landscaping is
installed.
(f) ACCESS DRIVES AND WALKWAYS. Access drives in the proposed area
for expansion in the Mobile Home Park Planned Development shall be
paved with blacktop, concrete; or other solid material, as shown on
the approved final site plan. The drives and walkways in the already
existing mobile home park area of the Mobile Home Park Planned
Development may be constructed of a different surface material, such
as crusher run stone, provided that the surface provides adequate
support and access for emergency vehicles such as ambulances and
fire trucks.
(g) STORAGE. No outside storage of equipment or other household
materials is permitted, nor is any such storage underneath the
mobile homes permitted. The mobile home owner may erect a secure
storage structure on a lot subject to the minimum setback
requirements shown on the "Typical Lot Layout" provided with the
above-referenced general site plan, subject to any pertinent building
code requirements.
(h) SCREENING OF WASTE AND REFUSE. If collection areas for waste and
refuse are provided for the convenience of several home owners,
such areas shall be secure from animals and the elements and of
suitable size, and shall be screened from public view by landscaping
or fencing in accordance with Section 605 of this zoning ordinance.
(i) SIGNS. A sign identifying the mobile home park area is permitted
at each park entrance. No such sign shall exceed 50 square feet in
size.
(j) BUILDING PERMITS. A building permit shall be required for each
mobile home and, except as exempted by Section 1101 of the Zoning
Ordinance, for all accessory buildings and other structures.
(k) SITE PLAN APPROVALS. No building permit shall be issued for a
structure within the Mobile Home Park Planned Development unless
the proposed structure is in accordance with a site plan approved
pursuant to the provisions of this Ordinance and approved by the
Tompkins County Health Department. No subdivision of the Mobile
Home Park Planned Development is permitted without approval of the
Town Board, following Planning Board review. No alteration,
amendment, or change in the Final Site Plan as approved by the
Planning Board is permitted without further approval by the
Planning Board (except as provided in the Zoning Ordinance relative
4
Town of Danby
Local Law #1 of 1994
to modifications to site plans).
(1) PROHIBITION OF CONSTRUCTION. Notwithstanding the foregoing,
there shall be no new construction in the proposed Mobile Home Park
Planned Development except for the construction of park access
drives and utilities until the applicant has complied with all
applicable requirements of the Tompkins County Health Department
and demonstrated to the satisfaction of the Planning Board that the
water supply and sewage disposal systems needed for the existing
and the expanded mobile home park have no adverse impact on the
quantity or quality of water supplies of existing residences adjoining
the site, and until the applicant has been granted Final Site Plan
Approval by the Planning Board.
Section 2. In the event that any portion of this law is declared invalid by a
court of competent jurisdiction, the validity of the remaining portions shall not
be affected by such declaration of invalidity.
Section 3. This law shall take effect 20 days after its adoption or the date it is
filed in the Office of the Secretary of State of the State of New York, whichever
is later.
5
Hardesty.LL, wp51, Dan by, , 11/25/94 12:16pm
SCHEDULE A
Description of lands being rezoned from Low Density Residential to Planned
Development Zone 2:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is approximately 1180 feet south along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1-
4.5) and formerly owned by Floyd and Marian Hoover and known generally as 50
South Danby Road; running thence south along the centerline of South Danby
Road approximately 110 feet to the southeast corner of Lot 3 as shown on the
General Site Plan referred to in this local law; running thence west along the
south line of said Lot 3 a distance of approximately 215 feet to the intersection
of said Lot line with the centerline of a drainage stream; running then
northeasterly along said drainage stream and along a culvert to the point or
place of beginning.
6
Hardesty.LL, wp51, Dan by, , 11/25/94 12:16pm
SCHEDULE B
Description of lands being rezoned from Planned Development Zone 2 to Low
Density Residential:
Parcel 1:
Commencing at a point in the southwest corner of premises reputedly owned by
Hardesty (tax parcel 20-1-4.5) and formerly owned by Floyd and Marian Hoover
and known generally as 50 South Danby Road, which point of beginning is
approximately 625 feet west of a point in the centerline of South Danby Road
which point is located approximately 1690 feet south along the centerline of South
Danby Road from its intersection with the centerline of Route 96B; running thence
from said point of beginning north 30 degrees 25' east along a westerly line of
said Hardesty premises 135.5 feet; running thence north 64 degrees 57' east
approximately 430 feet to the south line of Lot 3 as shown on the General Site
Plan referred to in this local law; running thence westerly along the south line
of Lot 3 approximately 380 feet to the southwest corner of Lot 3; running thence
southerly along the extended west line of Lot 3 approximately 400 feet to the
point or place of beginning.
Parcel 2:
Commencing at the same point of beginning as Parcel 1 above, running thence
easterly along the south line of said Hardesty property 625 feet to centerline
South Danby Road; running thence south along said centerline 40 feet; running
thence westerly parallel to the first course above approximately 625 feet; running
thence northerly 40 feet to the point of beginning.
The above descriptions are based, in part, upon a survey map entitled "Survey
Map of a Dwelling at 50 South Danby Rd." prepared by Howard R. Schlieder dated
October 17, 1986.
7
Hardesty.LL, wp51, Danby, , 11/25/94 12:16pm
SCHEDULE C
Description of Mobile Home Park Planned Development:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is approximately 790 feet south along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5);
running thence south along the centerline of South Danby Road approximately 220
feet; running thence westerly, and substantially parallel to Tammy Drive a
distance of approximately 585 feet to a point; running thence south along the
west line of Lot 3 and premises of Hardesty as shown on the General Plan
referred to above approximately 720 feet; running thence west along the north
line of Lot 2 approximately 470 feet to a point; running thence south along a
west line of Lot 2 approximately 130 feet to a point; running thence west along
a line of Lot 2 a distance of approximately 50 feet to a point; running thence
north, in part along premises reputedly of Van De Bogart (tax parcel 20-1-1.2)
and Wright (tax parcel 20-1-3) a total distance of approximately 1874 feet to the
south line of premises reputedly of Sherwood (tax parcel 20-1-4.1); running
thence east along Sherwood approximately 200 feet to Sherwood's southeast
corner; running thence north along Sherwood's east line approximately 161 feet
to the south line of Route 96B; running thence east along the south line of Route
96B approximately 750 feet to the west line of premises reputedly owned by
Newton (tax parcel 20-1-6); running thence southerly along Newton's west line
approximately 278 feet to a point in the north line of premises reputedly owned
by Tierney; running thence west along Tierney's north line approximately 100
feet to Tierney's northwest corner; running thence south along Tierney's west
line approximately 448 feet to Tierney's southwest corner; running thence east
along Tierney's south line approximately 274 feet to the place of beginning.
Description of Residential Planned Development:
Parcel 1:
Commencing at a point in the centerline of South Danby Road, which point is
located approximately 1010 feet south from its intersection with the centerline
of Route 96B and which point of beginning is at the end of the first course in
the above description of the Mobile Home Park Planned Development; running
thence south along the centerline of South Danby Road approximately 170 feet to
a point which is the northeast corner of premises reputedly owned by Hardesty
(tax parcel 20-1-4.5); thence running southerly along the centerline of South
Danby Road approximately 110 feet to the southeasterly corner of Lot 3 as shown
on the General Plan referred to above; running thence westerly along the south
line of Lot 3 a distance of approximately 595 feet to the southwesterly corner of
8
Ha..rdesty.LL, wp51, Dan by, , 11/25/94 12:16pm
Lot 3; running thence northerly a distance of approximately 280 feet to the
northwest corner of Lot 3; running thence easterly a distance of approximately
585 feet to the place of beginning.
Parcel 2:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is located approximately 1730 feet south of the intersection of said
centerline with the centerline of Route 96B, which point of beginning is 80 feet
north along said centerline from the northeast corner of premises reputedly
owned by Dietrich (tax parcel 20-1-4.3); running thence south along said
centerline approximately 80 feet to the northeast corner of Dietrich; running
thence west along Dietrich's north line approximately 455 feet to the northwest
corner of Dietrich; running thence south-southwesterly along Dietrich's west line
approximately 600 feet to a point; running thence westerly along the south line
of Lot 1 as shown on said General Plan a distance of approximately 575 feet to
the west line of the premises owned by Hardesty (tax parcel 20-1-4.2); running
thence northerly along the west line of Lot 2 as shown on said Plan
approximately 550 feet to a point; running thence easterly approximately 50 feet;
running thence northerly approximately 130 feet; running thence easterly in part
along the south line of the Mobile Home Park Planned Area a distance of
approximately 1095 feet to the point or place of beginning.
Description of Planned Development Zone 2:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is approximately 790 feet south along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5);
running thence south along the centerline of South Danby Road approximately 220
feet; continuing thence south along the centerline of South Danby Road
approximately 170 feet to the northeast corner of premises reputedly owned by
Hardesty (tax parcel 20-1-4.5); thence running southerly along the centerline of
South Danby Road approximately 110 feet to the southeast corner of Lot 3 as
shown on said General Plan; running thence westerly along the south line of Lot
3 approximately 595 feet; thence running southerly 400 feet to the southwest
corner of said Hardesty parcel; running thence south along the west line or
extended west line of said Hardesty parcel approximately 40 feet to a point;
running thence east a distance of approximately 625 feet to the centerline of
South Dan by Road which point is approximately 80 feet north along said
centerline from the northeast corner of premises reputedly owned by Dietrich
(tax parcel 20-1-4.3); running thence south along said centerline approximately
80 feet to the northeast corner of Dietrich; running thence west along Dietrich's
north line approximately 455 feet to the northwest corner of Dietrich; running
thence south-southwesterly along Dietrich's west line approximately 600 feet to
a point; running thence westerly along the south line of Lot 1 as shown on said
General Plan a distance of approximately 575 feet; running thence northerly along
9
Hardesty.LL, wp51, Danby, , 11/25/94 12:16pm
the west line of Lot 2 as shown on said Plan approximately 550 feet to a point;
continuing thence north, in part along premises reputedly of Van De Bogart (tax
parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately
1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1-
4.1); running thence east along Sherwood approximately 200 feet to Sherwood's
southeast corner; running thence north along Sherwood's east line approximately
161 feet to the south line of Route 96B; running thence east along the south line
of Route 96B approximately 750 feet to the west line of premises reputedly owned
by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line
approximately 278 feet to a point in the north line of premises reputedly owned
by Tierney; running thence west along Tierney's north line approximately 100
feet to Tierney's northwest corner; running thence south along Tierney's west
line approximately 448 feet to Tierney's southwest corner; running thence east
along Tierney's south line 274 feet to the place of beginning.
10
ADOPTED - JULY 13, 1994
TOWN OF DANBY
LOCAL LAW NO. 2 OF 1994
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A
PLANNED DEVELOPMENT ZONE COMPRISED OF A PORTION OF TOWN OF DANBY
TAX PARCEL NO. 13.-1-8, LOCATED ON THE NORTH SIDE OF DANBY ROAD
EAST OF SOUTH DANBY ROAD
Section 1 . The Zoning Ordinance of the Town of Danby as re-
enacted , and re-adopted by the Town Board on December 11 , 1991 , and
subsequently amended , is further amended as follows :
1 . Town of Danby Planned Development Zone 16 is hereby
established, and shall be comprised of an 6 . 92 +/- acre parcel to
be subdivided out of Town of Danby Tax Parcel No . 13 . -1-8 to
contain a proposed new 4-unit dwelling , as shown on the following:
three ( 3 ) maps approved by the Town Board on July 13 , 1994 entitled
"General Site Plans 'A' , ' B' , and ' C ' : Proposed Planned Development
Zone , Danby Road, Owner: Rudy Laurenson, " dated March 16 , 1994 ,
revised June 29 , 1994 ; and a drawing entitled "Proposed 4-unit
Dwelling , Rudy Laurenson, Danby Rd. , " dated February 4 , 1994 .
2 . The area described on Schedule A attached is hereby rezoned
from Town of Danby Low Density Residential Zone to Planned
Development Zone 16 .
3 . The Zoning Map of the Town of Danby, and the Supplement to the
Zoning Map, are hereby amended to show the location and boundaries
of Planned Development Zone 16 as set forth in this local law.
4 . Planned Development Zone 16 shall be subject to the following
provisions , notwithstanding any other pertinent zoning,
subdivision, or other regulatory requirements :
( a) There shall be no more than four dwelling units nor more
than two lots in the Planned Development Zone .
( b) Permitted principal , accessory and special permit uses
shall be the same as those permitted in a Low Density
Residential Zone , except that an additional permitted use
shall be one four-unit multiple dwelling.
( c ) Yards , signs, height , and building area shall be in
conformity with the requirements for same in a Low
Density Residential Zone .
(d ) The construction and location of the proposed 4-unit
multiple dwelling shall be as shown on the final site
plans approved by the Planning Board, which final site
plans shall be substantially in accord with the above
referenced "General Site Plan 'A'" , and with either
"General Site Plan 'B'" or "C" . No alteration,
amendment , or change in the Final Site Plans as approved
Town of Danby
Local Law #2 of 1994
-2-
by the Planning Board is permitted without further
approval by the Planning Board, except as provided in the
Zoning Ordinance relative to modifications to site plans .
When the Planning Board is of the reasonable opinion that
the modified site plan or plans are a significant
deviation from the general site plans referenced above,
no modified site plan or plans shall be approved by the
Planning Board until the site plan or plans have been
submitted to , and approved by, the Town Board after
public hearing .
( e ) Building permit requirements and exemptions shall be as
provided for Low Density Zones . No building permit for
any dwelling in the Planned Development Zone shall be
issued unless the site for such dwelling has been
properly subdivided .
( f ) A minimum of two parking spaces per dwelling unit shall
be provided for the four-unit multiple dwelling .
( g ) A buffer yard 50 feet deep from the boundaries of the
Planned Development Zone shall be established and
maintained within said Zone . No above-ground structures
or parking spaces , except for necessary utilities , shall
be permitted within said buffer yard.
( h) The access drive to the proposed 4-unit multiple dwelling
may be constructed of crusher run stone , or may be paved
with blacktop, concrete , or other solid material , as
shown on the approved final site plan, provided that the
surface reasonably provides adequate support and access
for emergency vehicles such as ambulances and fire
trucks .
( i ) A collection area or areas for waste and refuse shall be
provided for the convenience of the residents of the
proposed multiple dwelling , shall be secure from animals
and the elements and of suitable size , and shall be
screened from public view by landscaping or fencing .
Section 2 . Where there is a conflict on a specific matter
between the provisions of Section 603 , "Commercial Target Area"
and the provisions of this local law, the provisions of this local
law shall govern.
Section 3 . In the event that any portion of this law is declared
invalid by a court of competent jurisdiction, the validity of the
remaining portions shall not be affected by such declaration of
invalidity.
Section 4 . This law shall take effect 20 days after its adoption
or the date it is filed in the Office of the Secretary of State of
the State of New York, whichever is later.
•
ADOPTED - JUNE 1, 1994
TOWN OF DANBY
LOCAL LAW NO. 1 - 1994
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A
MOBILE HOME PARK PLANNED DEVELOPMENT AND A RESIDENTIAL
PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2
AND TO MODIFY THE BOUNDARIES OF SUCH ZONE.
Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re-
adopted by the Town Board on December 11, 1991, and subsequently amended, is
further amended as follows:
1. The area described on Schedule A attached is hereby rezoned from Low
Density Residential to Town of Danby Planned Development Zone 2.
2. The area described on Schedule B attached is hereby rezoned from Town
of Danby Planned Development Zone 2 to Low Density Residential.
3. Henceforth, Town of Danby Planned Development Zone 2 shall be comprised
of a Mobile Home Park Planned Development and a Residential Planned
Development, as shown on a map approved by the Town Board on March 30, 1994
entitled "General Site Plan: Planned Development Zone 2, Hillview Terrace
Subdivision and Mobile Home Park Expansion, Owners: Paul and Mary Lou
Hardesty" dated August, 1993, revised through February 7, 1994. The boundaries
of the Mobile Home Park Planned Development and the Residential Planned
Development, and the overall boundaries of the entire Planned Development Zone
2 are set forth on Schedule C attached.
4. The Zoning Map of the Town of Danby, including the Supplement to the
Zoning Map, Page 17, is hereby amended to show the boundaries of Planned
Development Zone 2 as set forth in this local law, which boundaries shall
supersede any previous boundaries for such Zone.
5. The Residential Planned Development shall be subject to the following
provisions, notwithstanding : any other pertinent zoning or subdivision
requirements:
(a) LIMITATION ON NUMBER OF LOTS. There shall be no more than
three residential lots in the Residential Planned Development and the
only uses on such lots shall be as set forth below.
(b) PERMITTED PRINCIPAL USES. Permitted principal uses shall be
limited to the following:
(i) one single-family dwelling unit per lot to be occupied by no
more than one family.
(li) a two-family dwelling provided that
(A) each dwelling unit is occupied by no more than one
family; and
Town of Danby
Local Law #1 of 1994
(B) one of the two units in the building are occupied by the
owner of the building. For purpose of this ordinance the
"owner" is one or more natural persons at least 18 years of
age who is or are the record owner of at least a 60% interest
in the property. Title held in tenants by the entirety or joint
tenants shall be deemed (unless otherwise specifically
designated in the deed or other record) for this purpose to
be held in proportion to the number of joint tenants on the
deed (e.g., if there are three persons on the deed as joint
tenants, each is deemed to hold a one-third interest. In that
circumstance at least two of the deed record owners would
have to occupy the premises to qualify the building as being
occupied by the owner of the building.)
(c) PERMITTED ACCESSORY USES. Accessory uses shall be limited to
those accessory uses permitted in a Low Density Residential Zone
without a special permit by other terms of this ordinance.
(d) USES PERMITTED BY SPECIAL PERMIT ONLY. The only other
permitted uses shall be by special permit and shall be limited to
(i) Nursery Schools, group family day care homes, and day care
centers.
(ii) Customary home , occupations and professional residential
offices where no external visible evidence of same exists on
the site.
(iii) Doublewide mobile homes if the same are permanently mounted
on foundations.
(e) BUFFER YARD REQUIREMENTS. A buffer yard 75 ,feet deep shall be
established and maintained between the proposed Residential Planned
Development and adjacent properties outside of Planned Development
Zone 2.
(f) LOT AREA. The lot area required for the residential lots shall be as
shown on the final site plan which shall substantially conform to the
general site plan referred to above.
(g) OTHER REQUIREMENTS. Yards, signs, height and building area shall
be in conformity with the requirements for :same in a Low Density
Residential Zone, except that frontage requirements for each lot shall
be as shown on the above-referenced site plan.
6. The Mobile Home Park Planned Development shall be • subject to the
provisions of "Section 605 - Mobile Home Park. Zone, Town of Danby Zoning
Ordinance", as if it were a mobile . home park governed. by said section. In
addition to the provisions set forth in Section 605, the Mobile Home Park Planned
Development shall be subject to the supplemental provisions set forth below.
Where there is a conflict on a specific matter between the provisions of Section
605 and the provisions of this local law, the provisions of this local law shall
2
Town of Danby
Local Law #1 of 1994
govern. The supplemental provisions are as follows:
(a) MAXIMUM NUMBER OF MOBILE HOMES.
(i) There shall be no more than 26 mobile homes located within
the presently-existing Hillview Terrace Mobile Home Park.
(ii) There shall be no more than 31 additional mobile homes located
elsewhere in the Mobile Home Park Planned Development, such
additional homes to be located substantially as shown on the
above-referenced site plan.
(b) ACCESSORY USES. In addition to the accessory uses permitted by
Section 605, the following accessory uses are permitted:
(i) Structures and facilities for water supply, sewage disposal,
and other utilities as may be necessary for operation of the
Mobile Home Park Planned Development.
(ii) Customary home occupations.
(c) SITE LAYOUT. The construction and location of the mobile homes
and all other structures and facilities shall be as shown on the final
site plan approved by the Planning Board, which final site plan shall
be substantially in accord with the above referenced site general
site plan. There will be no change in location of mobile homes,
stands, structures, or other facilities, anywhere in the Mobile Home
Park Planned Development, without approval of a modified final site
plan by the Planning Board. When the Planning Board is of the
reasonable opinion that the modified site plan is a significant
deviation from the general site plan referenced above, no modified
site plan shall be approved by the Planning Board until the site
plan has been submitted to, and approved by, the Town Board after
public hearing.
(d) INSTALLATION AND STANDS. Mobile homes and their installations
shall comply with pertinent requirements of the New York State
Uniform Fire Prevention and Building Code and its generally
accepted standards for mobile homes. Any mobile homes installed in
the Planned Development Zone 2 after the effective date of this local
law shall, in addition, comply with any other requirements contained
in this zoning ordinance or other Town legislation related to
installation and stands, except that no anchoring shall be required
of mobile homes installed on the stands in the existing Hillview
Mobile Home Park located along Tammy Drive.
(e) BUFFER YARDS. The normally required 30 foot buffer strip
contained in subdivision 10 of Section 605 shall be increased to a
required buffer strip at least 75 feet wide between the Mobile Home
Park Planned Development and adjacent properties outside of
3
✓ i
Town of Danby
Local Law #1 of 1994
Planned Development Zone 2. No structures and no parking spaces
are permitted in the buffer ' yards, except for utility structures
which are customary to mobile home park operation. Landscaping as
shown on the General Site Plan shall be installed within one year of
the date of final site plan approval. If not so installed, no further
building permits shall be issued for any construction anywhere in
Planned Development Zone 2, or for the siting of any mobile homes
in Planned Development Zone 2 until the required landscaping is
installed.
(f) ACCESS DRIVES AND WALKWAYS. Access drives in the proposed area
for expansion in the Mobile Home Park Planned Development shall be
paved with blacktop, concrete, or other solid material, as shown on
the approved final site plan. The drives and walkways in the already
existing mobile home park area of the Mobile Home Park Planned
Development may be constructed of a different surface material, such
as crusher run stone, provided that the surface provides adequate
support and access for emergency vehicles such as ambulances and
fire trucks.
(g) STORAGE. No outside storage of equipment or other household
materials is permitted, nor is any such storage underneath the
mobile homes permitted. The mobile home owner may erect a secure
storage structure on a lot subject to the minimum setback
requirements shown on the "Typical Lot Layout" provided with the
above-referenced general site plan, subject to any pertinent building
code requirements.
(h) SCREENING OF WASTE AND REFUSE. If collection areas for waste and
refuse are provided for the convenience of several home owners,
such areas shall be secure from animals and the elements and of
suitable size, and shall be screened from public view by landscaping
or fencing in accordance with Section 605 of this zoning ordinance.
(i) SIGNS. A sign identifying the mobile home park area is permitted
at each park entrance. No such sign shall exceed 50 square feet in
size.
(j) BUILDING PERMITS. A building permit shall be required for each
mobile home and, except as exempted by Section 1101 of the Zoning
Ordinance, for all accessory buildings and other structures.
(k) SITE PLAN APPROVALS. No building permit shall be issued for a
structure within the Mobile Home Park Planned Development unless
the proposed structure is in accordance with a site plan approved
pursuant to the provisions of this Ordinance and approved by the
Tompkins County Health Department. No subdivision of the Mobile
Home Park Planned Development is permitted without approval of the
Town Board, following Planning Board review. No alteration,
amendment, or change in the Final Site Plan as approved by the
Planning Board is permitted without further approval by the
Planning Board (except as provided in the Zoning Ordinance relative
4
Town of Danby
Local Law #1 of 1994
to modifications to site plans).
(1) PROHIBITION OF CONSTRUCTION. Notwithstanding the foregoing,
there shall be no new construction in the proposed Mobile Home Park
Planned Development except for the construction of park access
drives and utilities until the applicant has complied with all
applicable requirements of the Tompkins County Health Department
and demonstrated to the satisfaction of the Planning Board that the
water supply and sewage disposal systems needed for the existing
and the expanded mobile home park have no adverse impact on the
quantity or quality of water supplies of existing residences adjoining
the site, and until the applicant has been granted Final Site Plan
Approval by the Planning Board.
Section 2. In the event that any portion of this law is declared invalid by a
court of competent jurisdiction, the validity of the remaining portions shall not
be affected by such declaration of invalidity.
Section 3. This law shall take effect 20 days after its adoption or the date it is
filed in the Office of the Secretary of State of the State of New York, whichever
is later.
5
ffardesty.LL, wp51, Danby, , 11/25/94 12:16pm
SCHEDULE A
Description of lands being rezoned from Low Density Residential to Planned
Development Zone 2:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is approximately 1180 feet south along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1-
4.5) and formerly owned by Floyd and Marian Hoover and known generally as 50
South Danby Road; running thence south along the centerline of South Danby
Road approximately 110 feet to the southeast corner of Lot 3 as shown on the
General. Site Plan referred to in this local law; running thence west along the
south line of said Lot 3 a distance of approximately 215 feet to the intersection
of said Lot line with the centerline of a drainage stream; running then
northeasterly along said drainage stream and along a culvert to the point or
place of beginning.
•
6 •
•
•
Hardesty.LL, wp51, Danby, , 11/25/94 12:16pm
SCHEDULE B
Description of lands being rezoned from Planned Development Zone 2 to Low
Density Residential:
Parcel 1:
Commencing at a point in the southwest corner of premises reputedly owned by
Hardesty (tax parcel 20-1-4.5) and formerly owned by Floyd and Marian Hoover
and known generally as 50 South Danby Road,. which point of beginning is
approximately 625 feet west of a point in the centerline of South Danby Road
which point is located approximately 1690 feet south along the centerline of South
Danby Road from its intersection with the centerline of Route 96B; running thence
from said point of beginning north 30 degrees 25' east along a westerly line of
said Hardesty premises 135.5 feet; running thence north 64 degrees 57' east
approximately 430 feet to the south line of Lot 3 as shown on the General Site
Plan referred to in this local law; running thence westerly along the south line
of Lot 3 approximately 380 feet to the southwest corner of Lot 3; running thence
southerly along the extended west line of Lot 3 approximately 400 feet to the
point or place of beginning.
Parcel 2:
Commencing at the same point of beginning as Parcel 1 above, running thence
easterly along the south line of said Hardesty property 625 feet to centerline
South Danby Road; running thence south along said centerline 40 feet; running
thence westerly parallel to the first course above approximately 625 feet; running
thence northerly 40 feet to the point of beginning.
The above descriptions are based, in part, upon a survey map entitled "Survey
Map of a Dwelling at 50 South Danby Rd." prepared by Howard R. Schlieder dated
October 17, 1986.
7
Hardesty.LL, wp51, Dan by, , 11/25/94 12:16pm
SCHEDULE C
Description of Mobile Home Park Planned Development:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is approximately 790 feet south along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5);
running thence south along the centerline of South Danby Road approximately 220
feet; running thence westerly, and substantially parallel to Tammy Drive a
distance of approximately 585 feet to a point; running thence south along the
west line of Lot 3 and premises of Hardesty as shown on the General Plan
referred to above approximately 720 feet; running thence west along the north
line of Lot 2 approximately 470 feet to a point; running thence south along a
west line of Lot 2 approximately 130 feet to a point; running thence west along
a line of Lot 2 a distance of approximately 50 feet to a point; running thence
north, in part along premises reputedly of Van De Bogart (tax parcel 20-1-1.2)
and Wright (tax parcel 20-1-3) a total distance of approximately 1874 feet to the
south line of premises reputedly of Sherwood (tax parcel 20-1-4.1); running
thence east along Sherwood approximately 200 feet to Sherwood's southeast
corner; running thence north along Sherwood's east line approximately 161 feet
to the south line of Route 96B; running thence east along the south line of Route
96B approximately 750 feet to the west line of premises reputedly owned by
Newton (tax parcel 20-1-6); running thence southerly along Newton's west line
approximately 278 feet to a point in the north line of premises reputedly owned
by Tierney; running thence west along Tierney's north line approximately 100
feet to Tierney's northwest corner; running thence south along Tierney's west
line approximately 448 feet to Tierney's southwest corner; running thence east
along Tierney's south line approximately 274 feet to the place of beginning.
Description of Residential Planned Development:
Parcel 1:
Commencing at a point in the centerline of South Danby Road, which point is
located approximately 1010 feet south from its intersection with the centerline
of Route 96B and which point of beginning is at the end of the first course in
the above description of the Mobile Home Park Planned Development; running
thence south along the centerline of South Danby Road approximately 170 feet to
a point which is the northeast corner of premises reputedly owned by Hardesty
(tax parcel 20-1-4.5); thence running southerly along the centerline. of South
Danby Road approximately 110 feet to the southeasterly corner of Lot 3 as shown
on the General Plan referred to above; running thence westerly along the south
line of Lot 3 a distance of approximately 595 feet to the southwesterly corner of
8
•
•
Hardesty.LL, wp51, Danby, , 11/25/94 12:16pm
Lot 3; running thence northerly a distance of approximately 280 feet to the
northwest corner of Lot 3; running thence easterly a distance of approximately
585 feet to the place of beginning.
Parcel 2:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is located approximately 1730 feet south of the intersection of said
centerline with the centerline of Route 96B, which point of beginning is 80 feet
north along said centerline from the northeast corner of premises reputedly
owned by Dietrich (tax parcel 20-1-4.3); running thence south along said
centerline approximately 80 feet to the northeast corner of Dietrich; running
thence west along Dietrich's north line approximately 455 feet to the northwest
corner of Dietrich; running thence south-southwesterly along Dietrich's west line
approximately 600 feet to a point; running thence westerly along the south line
of Lot 1 as shown on said General Plan 'a distance of approximately 575 feet to
the west line of the premises owned by Hardesty (tax parcel 20-1-4.2); running
thence northerly along the west line of Lot 2 as shown on said Plan
approximately 550 feet to a point; running thence easterly approximately 50 feet;
running thence northerly approximately 130 feet; running thence easterly in part
along the south line of the Mobile Home Park Planned Area a distance of
approximately 1095 feet to the point or place of beginning.
Description of Planned Development Zone 2:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is approximately 790 feet south along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5);
running thence south along the centerline of South Danby Road approximately 220
feet; continuing thence south along the centerline of South Danby Road
approximately 170 feet to the northeast corner of premises reputedly owned by
Hardesty (tax parcel 20-1-4.5); thence running southerly along the centerline of
South Danby Road approximately 110 feet to the southeast corner of Lot 3 as
shown on said General Plan; running thence westerly along the south line of Lot
3 approximately 595 feet; thence running southerly 400 feet to the southwest
corner of said Hardesty parcel; running thence south along the west line or
extended west line of said Hardesty parcel approximately 40 feet to a point;
running thence east a distance of approximately 625 feet to the centerline of
South Danby Road which point is approximately 80 feet north along said
centerline from the northeast corner of premises reputedly owned by Dietrich
(tax parcel 20-1-4.3); running thence south along said centerline approximately
80 feet to the northeast corner of Dietrich; running thence west along Dietrich's
north line approximately 455 feet to the northwest corner of Dietrich; running
thence south-southwesterly along Dietrich's west line approximately 600 feet to
a point; running thence westerly along the south line of Lot 1 as shown on said
General Plan a distance of approximately 575 feet; running thence northerly along
9
Hardesty.LL, wp51, Danby, , 11/25/94 12:16pm
the west line of Lot 2 as shown on said Plan approximately 550 feet to a point;
continuing thence north, in part along premises reputedly of Van De Bogart (tax
parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately
1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1-
4.1); running thence east along Sherwood approximately 200 feet to Sherwood's
southeast corner; running thence north along Sherwood's east line approximately
161 feet to the south line of Route 96B; running thence east along the south line
of Route 96B approximately 750 feet to the west line of premises reputedly owned
by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line
approximately 278 feet to a point in the north line of premises reputedly owned
by Tierney; running thence west along Tierney's north line approximately 100
feet to Tierney's northwest corner; running thence south along Tierney's west
line approximately 448 feet to Tierney's southwest corner; running thence east
along Tierney's south line 274 feet to the place of beginning.
•
•
•
•
10
•
ADOPTED - JUNE 1, 1994
TOWN OF DAN BY
LOCAL LAW NO. 1 - 1994
A LOCAL LAW TO AMEND THE ZONING ORDINANCE TO ESTABLISH A
MOBILE HOME PARK PLANNED DEVELOPMENT AND A RESIDENTIAL
PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2
AND TO MODIFY THE BOUNDARIES OF SUCH ZONE.
Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re-
adopted by the Town Board on December 11, 1991, and subsequently amended, is
further amended as follows:
1. The area described on Schedule A attached is hereby rezoned from Low
Density Residential to Town of Danby Planned Development Zone 2.
2. The area described on Schedule B attached is hereby rezoned from Town
of Danby Planned Development Zone 2 to Low Density Residential.
3. Henceforth, Town of Danby Planned Development Zone 2 shall be comprised
of a Mobile Home Park Planned Development and a Residential Planned
Development, as shown on a map approved by the Town Board on March 30, 1994
entitled "General Site Plan: Planned Development Zone 2, Hillview Terrace
Subdivision and Mobile Home Park Expansion, Owners: Paul and Mary Lou
Hardesty" dated August, 1993, revised through February 7, 1994. The boundaries
of the Mobile Home Park Planned Development and the Residential Planned
Development, and the overall boundaries of the entire Planned Development Zone
2 are set forth on Schedule C attached.
4. The Zoning Map of the Town of Danby, including the Supplement to the
Zoning Map, Page 17, is hereby amended to show the boundaries of Planned
Development Zone 2 as set forth in this local law, which boundaries shall
supersede any previous boundaries for such Zone.
5. The Residential Planned Development shall be subject to the following
provisions, notwithstanding any other pertinent zoning or subdivision
requirements:
(a) LIMITATION ON NUMBER OF LOTS. There shall be no more than
three residential lots in the Residential Planned Development and the
only uses on such lots shall be as set forth below.
(b) PERMITTED PRINCIPAL USES. Permitted principal uses shall be
limited to the following:
(i) one single-family dwelling unit per lot to be occupied by no
more than one family.
(11) a two-family dwelling provided that
(A) each dwelling unit is occupied by no more than one
family; and
1
Town of Danby
Local Law #1 of 1994
(B) one of the two units in the building are occupied by the
owner of the building. For purpose of this ordinance the
"owner" is one or more natural persons at least 18 years of
age who is or are the record owner of at least a 50% interest
in the property. Title held in tenants by the entirety or joint
tenants shall be deemed (unless otherwise specifically
designated in the deed or other record) for this purpose to
be held in proportion to the number of joint tenants on the
deed (e.g., if there are three persons on the deed as joint
tenants, each is deemed to hold a one-third interest. In that
circumstance at least two of the deed record owners would
have to occupy the premises to qualify the building as being
occupied by the owner of the building.)
(c) PERMITTED ACCESSORY USES. Accessory uses shall be limited to
those accessory uses permitted in a Low Density Residential Zone
without a special permit by other terms of this ordinance.
(d) USES PERMITTED BY SPECIAL PERMIT ONLY. The only other
permitted uses shall be by special permit and shall be limited to
(i) Nursery Schools, group family day care homes, and day care
centers.
(ii) Customary home occupations and professional residential
offices where no external visible evidence of same exists on
the site.
(iii) Doublewide mobile homes if the same are permanently mounted
on foundations.
(e) BUFFER YARD REQUIREMENTS. A buffer yard 75 feet deep shall be
established and maintained between the proposed Residential Planned
Development and adjacent properties outside of Planned Development
Zone 2.
(f) LOT AREA. The lot area required for the residential lots shall be as
shown on the final site plan which shall substantially conform to the
general site plan referred to above.
(g) OTHER REQUIREMENTS. Yards, signs, height and building area shall
be in conformity with the requirements for .same in a Low Density
Residential Zone, except that frontage requirements for each lot shall
be as shown on the above-referenced site plan.
6. The Mobile Home Park Planned Development shall be - subject to the
provisions of "Section 605 - Mobile Home Park Zone, Town of Danby Zoning
Ordinance", as if it were a mobile home park governed. by said section. In
addition to the provisions set forth in Section 605, the Mobile Home Park Planned
Development shall be subject to the supplemental provisions set forth below.
Where there is a conflict on a specific matter between the provisions of Section
605 and the provisions of this local law, the provisions of this local law shall
2
e Town of Danby
Local Law #1 of 1994
to modifications to site plans).
(1) PROHIBITION OF CONSTRUCTION. Notwithstanding the foregoing,
there shall be no new construction in the proposed Mobile Home Park
Planned Development except for the construction of park access
drives and utilities until the applicant has complied with all
applicable requirements of the Tompkins County Health Department
and demonstrated to the satisfaction of the Planning Board that the
water supply and sewage disposal systems needed for the existing
and the expanded mobile home park have no adverse impact on the
quantity or quality of water supplies of existing residences adjoining
the site, and until the applicant has been granted Final Site Plan
Approval by the Planning Board.
Section 2. In the event that any portion of this law is declared invalid by a
court of competent jurisdiction, the validity of the remaining portions shall not
be affected by such declaration of invalidity.
Section 3. This law shall take effect 20 days after its adoption or the date it is
filed in the Office of the Secretary of State of the State of New York, whichever
is later.
5
Town of Danby
Local Law #1 of 1994
govern. The supplemental provisions are as follows:
(a) MAXIMUM NUMBER OF MOBILE HOMES.
(i) There shall be no more than 26 mobile homes located within
the presently-existing Hillview Terrace Mobile Home Park.
(ii) There shall be no more than 31 additional mobile homes located
elsewhere in the Mobile Home Park Planned Development, such
additional homes to be located substantially as shown on the
above-referenced site plan.
(b) ACCESSORY USES. In addition to the accessory uses permitted by
Section 605, the following accessory uses are permitted:
(i) Structures and facilities for water supply, sewage disposal,
and other utilities as may be necessary for operation of the
Mobile Home Park Planned Development.
(ii) Customary home occupations.
(c) SITE LAYOUT. The construction and location of the mobile homes
and all other structures and facilities shall be as shown on the final
site plan approved by the Planning Board, which final site plan shall
be substantially in accord with the above referenced site general
site plan. There will be no change in location of mobile homes,
stands, structures, or other facilities, anywhere in the Mobile Home
Park Planned Development, without approval of a modified final site
plan by the Planning Board. When the Planning Board is of the
reasonable opinion that the modified site plan is a significant
deviation from the general site plan referenced above, no modified
site plan shall be approved by the Planning Board until the site
plan has been submitted to, and approved by, the Town Board after
public hearing.
(d) INSTALLATION AND STANDS. Mobile homes and their installations
shall comply with pertinent requirements of the New York State
Uniform Fire Prevention and Building Code and its generally
accepted standards for mobile homes. Any mobile homes installed in
the Planned Development Zone 2 after the effective date of this local
law shall, in addition, comply with any other requirements contained
in this zoning ordinance or other Town legislation related to
installation and stands, except that no anchoring shall be required
of mobile homes installed on the stands in the existing Hillview
Mobile Home Park located along Tammy Drive.
(e) BUFFER YARDS. The normally required 30 foot buffer strip
contained in subdivision 10 of Section 605 shall be increased to a
required buffer strip at least 75 feet wide between the Mobile Home
Park Planned Development and adjacent properties outside of
3
0
Town of Danby e , •
Local Law #1 of 1994
Planned Development Zone 2. No structures and no parking spaces
are permitted in the buffer yards, except for utility structures
which are customary to mobile home park operation. Landscaping as
shown on the General Site Plan shall be installed within one year of
the date of final site plan approval. If not so installed, no further
building permits shall be issued for any construction anywhere in
Planned Development Zone 2, or for the siting of any mobile homes
in Planned Development Zone 2 until the required landscaping is
installed.
(f) ACCESS DRIVES AND WALKWAYS. Access drives in the proposed area
for expansion in the Mobile Home Park Planned Development shall be
paved with blacktop, concrete, or other solid material, as shown on
the approved final site plan. The drives and walkways in the already
existing mobile home park area of the Mobile Home Park Planned
Development may be constructed of a different surface material, such
as crusher run stone, provided that the surface provides adequate
support and access for emergency vehicles such as ambulances and
fire trucks.
(g) STORAGE. No outside storage of equipment or other household
materials is permitted, nor is any such storage underneath the
mobile homes permitted. The mobile home owner may erect a secure
storage structure on a lot subject to the minimum setback
requirements shown on the "Typical Lot Layout" provided with the
above-referenced general site plan, subject to any pertinent building
code requirements.
(h) SCREENING OF WASTE AND REFUSE. If collection areas for waste and
refuse are provided for the convenience of several home owners,
such areas shall be secure from animals and the elements and of
suitable size, and shall be screened from public view by landscaping
or fencing in accordance with Section 605 of this zoning ordinance.
(i) SIGNS. A sign identifying the mobile home park area is permitted
at each park entrance. No such sign shall exceed 50 square feet in
size.
(j) BUILDING PERMITS. A building permit shall be required for each
mobile home and, except as exempted by Section 1101 of the Zoning
Ordinance, for all accessory buildings and other structures.
(k) SITE PLAN APPROVALS. No building permit shall be issued for a
structure within the Mobile Home Park Planned Development unless
the proposed structure is in accordance with a site plan approved
pursuant to the provisions of this Ordinance and approved by the
Tompkins County Health Department. No subdivision of the Mobile
Home Park Planned Development is permitted without approval of the
Town Board, following Planning Board review. No alteration,
amendment, or change in the Final Site Plan as approved by the
Planning Board is permitted without further approval by the
Planning Board (except as provided in the Zoning Ordinance relative
4
TOWN OF DANILY
LEGAI, NOTICE - LOCAL LAW # 2 OF 1994
•
PLEASE TAKE NO'1':10E , that the Town Boa rd
Spec i. n. I Mee I; .in held on Wednesday „hi
fo I 1 ow ttg 1 oca.1 .1 a'W # 2 of 1 99,1 .
TOWN OF DAN BY
LOCAL, LAW NO . 2 OF
Y: .. ' 'teals " �j �.: :-I:
Y. ,, '` O AMLND_1'IIF ZONING OiZD.1
•. �' �` site, and shall be screened:N'I _ZONI, _COMPUISF O OF A
t from public view by land 3 _ _.
.... ._.. ..._.-_. ._.... ... '"" 'coping or fencing. — , _l,c ,
. 1. )CATi-D ON '1'111:
,
c Section 2. Where there is a EAST' O1� SOUTH DANBY
,i...:.,.:, +,:: . 1• •conflict on a specific matter ---- --- -- --between the provisions of
fOWN. CANBY . Section 603, Commercio
:'•• LEGAL: NOTICE-LOCAL •=Target Area and the provi- 7 o rt 1 tl g Ord i. n a n c e o f t
LA #2 OF 1994 i signs of this local low, the o t.e d b•y the T O to n Board
pL SE;.TAKE NOTICE, provisions of, this local law P
that the Town .Board of the shall govern. Jed , Is Further a m e n d e d
10 of Danby at a Special Section 3. In the event that
Me ting held on Wednesday, any portion of this law is
u 13,'1994 adopted the' declared invalid by a court
of owing',,loco) .Low #2 .of. of competent iursidiction, the t I)y 13.1 n n n e d De V e 10 J)tn
1994•.. . " • • ' validity of the remaining por• h a i l lie C O rn[�r I. S e d o I a
-. . TOWN bF DANBY;,t. lions shall not be affected by O.f Town O I Danby T
. I LOCAL LAW;15t4O { 2OF .-suds decloiation of invalidly.
• i;_,• .. •••":,(,;',::;;.,� 4 Section 4. This law shall take•
• . 1 Be It enacted by,th owls,'effect 0 days after its odop•' new 4 -unit d w e 1 .l i.n g ,
Board of the Town of Danb�yy lion of the dote It is filed in
A LOCAL LAW.TO•.AMEND the Office of the Secretor�yof. o v e d by the Town Board
• THE ZONING ORDINANCE State of the State of Newt t A • r t i l t , a t 1 c 1 t C ' : „I'c
i.:.', TO ESTABLISH_A'PLANNED ;York,:whichever is later.,
'..DEVELOPMNT.'.ZONE : SCHEDULE 1 : Owne r• : Rudy i.,au reits011
;1 g;;COMPRISED.OF A:f ORTION •Description of lands being re: r ;
OF.;TOWN.OF DANBY TAX:toned from Low Density Resi-1. 99 1 and a drawing F
f} PARCEL':NO. ,:,13 1.8, l0- denHol Zone to Planned De-
; r e n S O n ,
Danby R d . , d a
CATER; ON.,:THE''.NORTH:•velopment Zone 16:
' i'SIDE••• OF DANBY'; ROAD`Commencing .at a point
;. EAST'',OF, SOUTH :DANBY which ,Is the intersection of
ROAD ' ' the centerlines of N.Y.S.r i.b e d on Schedule A a
• Secttot"i'1. The Zoning Ordi• Route• 96B. (o/k/a Ithaca
I ' nonce of the Town.of,Danby Road)`-and .South Danby b y Low • I)e n s 1 1;y Re s i t
r as 're-enacted,. and re- .Road;
i adoppted by the Town Board• Running thence northerly to) '
on December 1 1,i 1991;and on-iron pin,which pine marks
'
subsequently amended, is fur- the southwest corner of pram-1
. , ,;. ther,ascended as follows:" . ises owned by Rudy louren•,- o f the Town o I' Danby ,
1 f".1:' Town of Danby Planned .son and the southeast corner li y amended to show t}1
Development _Zone 16 Is of premises reputedly owned
hereby,established, and shall. by Chris Muko; • e tl t 7 o tt a 1. 6 as Set 10
be comprised;of:aril 6 92A'.Running thence North 14 de-,
.,..,date parcel to be subdivide green 52 minutes, 10 sec-
out-of•Town;of Danby Tax onds East a distance of 885.
' 1 Parcel.NO.,13.-1.8 to contain 43 feet' to o point which Pirtle tl t; Zone 1 6 shall b e
d ' ,oposed new,, 4-unit;marks the northwest corner of t,114 t;tl n d i n f; any U t
dwe ng, as shown on the;; remises' 'owned. by Rudy.
'`�':'.F... (3) p. p-:L er• regulatory require
r olio 'ing three 3 mo 9'd aurenson and the southeast
}`i=''•pro d b' the Town Board on,Corner of premises reputedly -
.'`. July 3, 1994 entitled."Gen- owned by,.Daniel and Gail
eral'Site Plans 'A';•'B' and:Sullivan; 1- I. be no more than f Ou
-,'C':,Proposed Planned bevel- Running thence South 75 de-
o ment.Zone, Danby Rodd reel; 37, minutes, 50 sec•
pp y . g l.otS in the Planned D
' ;'owner: • Rudy .Laurerigoti,:; onds Eosi to a point which
II.. dated;March.16 '1994, re-".marks the,northeast corner of
1 ,.' ,vi=ed Juni,29 1 994; and a:•premises-owned. by Rudy
drdwin `entitled `: f rapoied Laurenson`and a corner of principal , a c c e s s o r y
• I' . '4-unit:f slling, Rudy ldurOn::premises reputedly owned by t,}l�' same a S those j�e
;;•''-9ori,.Donby.9R dated aFeb''Runntl and
then GccelSot Sullivan;de
r. The '1994 N,? a ]. zone except that a!
1`, , ry g
2.' The area described on green, 7 minutes, 25 seconds
Schedule A .,attached..Is West a distance of 849.59 )n e f o ti r—'' 91117 1 p 1
hereby lezon�d,fromoow� of feet to an nthen pin; .35 de-
thlrast USt this torn for iillsp Sour Load Low with the Secretor) of Stile)
i ext 01 law should be given its amended. Do not Include matter being
• Mirnin:ittd And do hot t►Se italics Or underlining to Indicate new mailer.
•
o`tiNiX
• rtt< ' DANDY icon of •
nfM-At x •
• ' Loral Liao No. 2 of the year 19 9rt
•
A ineAllaa . . YU AMEND 111E ZONING ORDINANCE TO ESTAh3Lt5)1 A PLANM P
iJEVl`-L(JrMFf1 i 7.0 4E i.264irRt;6,r1a,�;1:jF 'A PORTION OF TOWN OF
DANDY TAx IARCr_L 1113.-1-8, LOCATED ON THE NORTH SIDE
OF DANDY ROAD EAST OF SOUTH DANBY ROAD
•
He it tnatftd 6t no TOWN BOARD of the
(Name et Leo/With a Pod))
(,drib)
01,( of • f_lANt3.Y
1.040 as fuilot+s:
1�Ifd�!cX
Section 1 . The Zoning Ordinance of the Tow,, of Danby as re-
enacted , and re-adopted by the Towti Hoard on December 11 ,. 1991 , and
subsequently amended , is further amended as follows :
1 . town of Denby Planned Development Zone 16 is hereby
established , And Shall be comprised of nn 6 . 92 +/- acre parcel to
I.,f huhd.lvidcd out of Town of Denby Tax Parcel No . 13 . - 1 -8 to •
contain n proposed new I-tin.it dwelling , ns shown on the following :
three ( 1 ) mapa approved by the Town Hoard on July 13 , 1991 entitled
"►)metal. Site Plana 'A ' , ' D ' , and 'C' : Proposed Planned Development
Zot,P ,
Danby Road , Owner : Rudy Lnurenson , " dated March 16 , 1994 ,
zevi.sed . Jn►te 29 , 1991 : and rt drawing entitled "Proposed 4 -unit
t)wr.l _l itir , Rudy Lautenbon, Danby Rd . , " dated February 4 , 1994 .
2 . The nre,i described on Schedule A clinched is hereby rezoned
from Town of Danby Low Density Residential Zone to Planned
Development Zone 16
3 . The 7,otti.nq Flap of the Town of Danby , and the Supplement to the
Zoning ilop, rite hereby amended to show the location and •.boundnries
of planned Development Zone 16 as set forth in this local .law.
•
4 . Planned Development Zone 16 shall be subject to the following
prowl ^ ions , notwithstanding any other . pertinent zoning ,
sttbd.lvi.aioti , or other regulatory requirements :
( a ) 'there ahrti.l .be no more than four dwelling units nor more
than ttao lot! in the Planned Development Zone .
( 1 ) • Permitted princi.pal , • accessory and special permit uses
shali. be the grime as those permitted in a Low Densi t.'y
Residr ntitil Zone , except that an additional permitted use
Shull be one four-unit multiple dwelling .
( r ) Yards , ± ignn , height , and building area shell be in
conform) ►►' wilb the requirements for some in a Low
Density Residential Zone .
Id ) . The con!xtrnctiott and location of the proposed 4-unit
multiple dwelling shall be as shown on the final site
Plana approved by the Planning Hoard , which final site
___111 Additional sf,artis hreded. 'Nose attach sheets of the some size as this and number each► .._.____.... ._.
. , • , •
• .
dime Use this Form for Filing your Local Law with the Secretary of State) • •
Text of law should be given as Amended. Do not include matter being •
eliminated and do not use italics or underlining to indicate new matter. .
igtlfrOW • . ,
cky
Tow n
of I) RY •
•.
••
Local Law No. 1 of the year 19,11
. .
A local lAw . , .TO. AMEND. THE .WNIftG. ORDINARCE. .TO. .ESIABLIS.H.A .MOBJLE
HOME PARK PLANNED DEVErtrOIRMENT AND A RESIDENTIAL
PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2
AND TO MODIFY THE BOUNDARIES OF SUCH ZONE .
, • • •
be it enacted by the . . T.011:1. KINN.113.Y. :MYR . PAR ? of the
(tlm.of Leltslothe Body)
•
County
CAI"
of . , .T PMP.K I fiS • as follows:
•
, . •
Riktftx •
Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re-
adopted by the Town Board on December 11, 1991, and subsequently amended, is
further amended as follows: . •
•
1. The area described on Schedule A attached is hereby rezoned from Low
Density Residential to Town of Danby Planned Development Zone 2. '
2. The area described on Schedule B attached is hereby rezoned from Town
of Danby Planned Development Zone 2 to Low Density Residential.
3. Henceforth, Town of Danby Planned Development Zone 2 shall be comprised
of a Mobile Home Park Planned Development and a Residential Planned
Development, as shown on map approved by the Town Board on March 30, 1994
entitled "General Site Plant Planned Development Zone 2, Hillview Terrace
Subdivision and Mobile Home Park Expansion, Owners: Paul and Mary Lou .
Hardesty" dated August, 1993, revised through February 7, 1994. The boundaries
of the Mobile Home Park Planned Development and the Residential Planned
Development, and the overall boundaries of the entire Planned Development Zone
2 are set forth on Schedule C attached.
4. The Zoning Map of the Town of Danby, including the Supplement to the .
Zoning Map, Page 17, is hereby amended to show the boundaries of Planned
Development Zone 2 as set forth in this local law, which boundaries shall
supersede an previous boundaries. for such Zone.
5. The Residential Planned Development shall be subject , to the following
provisions, notwithstanding any other pertinent zoning . or subdivision
requirements!
(a) LIMITATION ON NUMBER OF LOTS. There shall be no more than
three residential Iota in the Residential Planned Development and the
only uses on such lots shall be as set forth below.
(b) " PERMITTED PRINCIPAL USES. , Permitted principal uses shall be
limited to the following: •'
•
one single-family dwelling unit per lot to be occupied by no
more than one family. •
(ii) a two-family dwelling provided that
• (A) each dwelling , unit is occupied by no more than one
family; and . .
•
111 additional space is needed,please attach sheets of the same size as this and number each)
• •
• '
• •• ••
(B) ohe of the two units in the building are occupied by the
owner of the building. For purpose of this ordinance the
"owner" is one or more natural persons at least 18 years of
age who is or are the record owner of at least a 50% interest
in the property. Title held in tenants by the entirety or joint
tenants shall be . deemed (unless otherwise specifically
designated in the ( W'ed or other record) for this purpose to
be held in proportion to the number of joint tenants on the
deed (e.g., if there are three persons on the deed as joint
tenants, each is deemed to hold a one-third interest. In that
circumstance at least two of the deed record owners would
have to occupy the premises to qualify the building as being
occupied by the owner of the building.)
(c) PERMITTED ACCESSORY USES. Accessory uses shall be limited to
those accessory uses permitted in a Low Density Residential Zone
without a special permit by other terms of this ordinance.
(d) USES PERMITTED BY SPECIAL PERMIT ONLY. The only other
permitted uses shall be by special permit and shall be limited to
(i) Nursery Schools, group family day care homes, and day care
centers.
(ii) Customary home occupations and professional residential
offices where no external visible evidence of same exists on
the site.
(iii) Doublewide mobile homes if the same are permanently mounted
on foundations.
(e) BUFFER YARD REQUIREMENTS. A buffer yard 75 feet deep shall be
established and maintained between the proposed Residential Planned
Development and adjacent properties outside of Planned Development
Zone 2.
(f) LOT AREA. The lot area required for the residential lots shall be as
shown on the final site plan which shall substantially conform to the
. general site plan referred to above.
(g) OTHER REQUIREMENTS. Yards, signs, height and building area shall
be in conformity with the requirements for same in a Low Density
Residential Zone, except that frontage requirements for each lot shall
be as shown on the above-referenced site plan.
6. The Mobile Home Park Planned Development shall be subject to the
provisions of "Section 605 j Mobile Home Park Zone, Town of Danby Zoning
Ordinance", as if it were a mobile home park governed by said section. In
addition to the provisions set forth in Section 605, the Mobile }tome Park Planned
Development shall be subject to the supplemental provisions set forth below.
Where there is a conflict on a specific matter between the provisions of Section
605 and the provisions of this local law, the provisions of this local law shall
govern. The supplemental provisions are as follows:
(a) MAXIMUM NUMBER OF MOBILE HOMES.
(i) There shall be no more than 26 mobile homes located within
the presently-existing Hillview Terrace Mobile Home Park.
(ii) There shall be no more than 31 additional mobile homes located
elsewhere in the Mobile Home Park Planned Development, such
additional homes to be located substantially as shown on the
above-referenced site plan.
(b) ACCESSORY USES. In addition to the accessory uses permitted by
Section 605, the following accessory uses are permitted:
•
2
(i) Structures and facilities for water supply, sewage disposal,
and other utilities as may be necessary for operation of the
Mobile Home Park Planned Development.
(ii) Customary home occupations.
(c) SITE LAYOUT. The construction and location of the mobile homes
and all other structures and facilities shall be as shown on the final
site plan approved by the Planning Board, which final site plan shall
be substantially in accord with the above referenced site general
site plan. There will be no change in location of mobile homes,
stands, structures, or other facilities, anywhere in the Mobile Home
Park Planned Development, without approval of ,a modified final site
plan by the Planning Board. When the Planning Board is of the
reasonable opinion that the modified site plan is a significant
deviation from the general site plan referenced above, no modified
Rite plan shall be approved by the Planning Board until the site
plan has been submitted to, and approved by, the Town Board after
public hearing.
(d) INSTALLATION AND STANDS. Mobile homes and their installations
shall comply with pertinent requirements of the New York State
Uniform Fire Prevention and Building Code and its generally
accepted standards for mobile homes. Any mobile homes installed in
the Planned Development Zone 2 after the effective date of this local
law shall, in addition, comply with any other requirements contained:
in this zoning ordinance or other Town legislation related to
installation and stands, except that no anchoring shall be required
of mobile homes installed on the stands in the existing Hillview
Mobile Home Park located along Tammy Drive.
(e) BUFFER YARDS. The normally required 30 foot buffer strip
contained in subdivision 10 of Section 605 shall be increased to a
required buffer strip at least 75 feet wide between the Mobile Home
Park Planned Development and adjacent properties outside of
Planned Development Zone 2. No structures and no parking spaces
are permitted in the buffer yards, except for utility structures
which are customary to mobile home park operation. Landscaping as
shown on the General Site Plan shall be installed within one year of
the date of final site plan approval. If not so installed, no further
building permits shall be issued for any construction anywhere in
Planned Development Zone 2, or for the siting of any mobile homes
in Planned Development Zone 2 until the required landscaping is
installed.
(f) ACCESS DRIVES AND WALKWAYS. Access drives in the proposed area
for expansion in the Mobile Home Park Planned Development shall be
paved with blacktop, concrete, or other solid material, as shown on
the approved final site plan. The drives and walkways in the already
existing mobile home park area of the Mobile }tome Park Planned
Development may be constructed of a different surface material, such
as crusher run stone, provided that the surface provides adequate
support and access for emergency vehicles such as ambulances and
fire trucks,
(g) STORAGE. No outside storage of equipment or other household
materials is permitted, nor is any such storage underneath the
mobile homes permitted. The mobile home owner may erect a secure
storage structure on a lot subject to the minimum setback
requirements shown on the "Typical Lot Layout" provided with the
above-referenced general site plan, subject to any pertinent building
code requirements.
(h) SCREENING OF WASTE AND REFUSE. If collection areas for waste and
refuse are provided for the convenience of several home owners,
such areas shall be secure from animals and the elements and of
suitable size, and shall be screened from public view by landscaping
or fencing in accordance with Section 605 of this zoning ordinance.
3
•
(i) SIGNS. A sign identifying the mobile home park area is permitted
at each park entrance. No such sign shall exceed 50 square feet in
size,
(j) BUILDING PERMITS. A building permit shall be required for each
mobile home and except as exempted by Section 1101 of the Zoning
Ordinance, for all accessory'u buildings and other structures.
(k) SITE PLAN APPROVALS. No building permit shall be issued for a
structure within the Mobile Home Park Planned Development unless
the proposed structure is in accordance with a site plan approved
pursuant to the provisions of this Ordinance and approved by the
Tompkins County Health Department. No subdivision of the Mobile
Home Park Planned Development is permitted without approval of the
Town Board, following Planning Board review. No alteration,
amendment, or change in the Final Site Plan as approved by the
Planning Board is permitted without further approval by the
Planning Board (except as provided in the Zoning Ordinance relative
to modifications to site plans).
(1) PROHIBITION OF CONSTRUCTION. Notwithstanding . the foregoing,
there shall be no new construction in the proposed Mobile Home Park
Planned Development except for the construction of park access
drives and utilities until the applicant has complied with all
applicable requirements of the Tompkins County Health Department
and demonstrated to the satisfaction of the Planning Board that the
water supply and sewage disposal systems needed for the existing. .
nd the expanded mobile home park have no adverse impact on the:-
quantity or quality of water supplies of existing residences adjoining
the Site, and until the applicant has been granted Final Site Plan
Approval by the Planning Board.
Section 2. In the event that any portion of this law is declared invalid by a
court of competent jurisdiction, the validity of the remaining portions shall not
be affected by such declaration of invalidity.
Section 3. This law shall take effect 20 days after its adoption or the date it is
filed in the Office of the Secretary of State of the State of New York, whichever
is later.
4
SCHEDULE A •
Dscription_of lands being rezoned from Low Density Residential to Planned
Development Zone 2:
Commencing at a point in the centerline.!-of South Danby Road, which point of
beginning is approximately 1180 feet south along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1-
4.5) and formerly owned by Floyd and. Marian Hoover and known generally as 50
South Danby Road; running thence south along the centerline of South Danby
Road approximately 110 feet to the southeast corner of Lot 3 as shown on the
General Site Man referred to in this local law; running thence west along the
south line of said Lot 3 a distance of approximately 215 feet to the intersection
of said Lot line with the centerline of a drainage stream; running then
northeasterly along said drainage stream and along a culvert to the point or
place of beginning.
SCHEDULE B
Description of lands being rezoned from Planned Development Zone 2 to Low
Density Residential:
Parcel 1: .
Commencing at a point in the southwest corner of premises reputedly owned by
Hardesty (tax parcel 20-1-4.6) and formerly owned by Floyd and Marian Hoover
and known generally as 50 South Danby Road, which point of beginning is
approximately 625 feet west of a point in the centerline of South Danby Road
which point is located approximately 1690 feet south along the centerline of South
Danby Road from its intersection with the centerline of Route 96B; running thence
from said point of beginning north 30 degrees 25' east along a westerly line of
said Hardesty premises 135.6 feet; running thence north 64 degrees 67' east
approximately 430 feet tO the south line of Lot 3 as shown on the General Site
Plan referred to in this local law; running thence westerly along the south line
of Lot 3 approximately 380 feet to the southwest corner of Lot 3; running thence
southerly along the extended west line of Lot 3 approximately 400 feet to the
point or place of beginning.
Parcel 2:
Commencing at the same point of beginning as Parcel 1 above, running thence
easterly along the south line of said Hardesty property 625 feet to centerline
South Danby Road; running thence south along said centerline 40 feet; running
thence westerly parallel to the first course above approximately 625 feet; running
thence northerly 40 feet to the point of:beginning.
The above descriptions are based, in part, upon a survey map entitled "Survey
Map of a Dwelling at 60 South Danby Rd." prepared by Howard R. Schlieder dated
October 17, 1986.
•
5
•
SCHEDULE C
•L
Description of Mobile Home Park Planned Development:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is approximately 790 feet south along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the southeast corner of premises reputedly owned by Tierney"(tax parcel 20-1-5);
running thence south along the centerline of South Danby Road approximately 220
feet; running thence westerly, and substantially parallel to Tammy Drive a
distance of approximately 585 feet to a point; running thence south along the
west line of Lot 3 and premises of Hardesty as shown on the General Plan
referred to above approximately 720 feet; running thence west along the north
line of Lot 2 approximately 470 feet to a point; running thence south along a
west line of Lot 2 approximately 130 feet to a point; running thence west along
a line of Lot 2 a distance of approximately 50 feet to a point; running thence
north, in part along premises reputedly of Van De Bogart (tax parcel 20-1-1.2)
and Wright (tax parcel 20-1-3) a total distance of approximately 1874 feet to the
south line of premises reputedly of Sherwood (tax parcel 20-1-4.1); running
thence east along Sherwood approximately 200 feet to Sherwood's southeast
corner; running thence north along Sherwood's east line approximately 161 feet,
to the south line of Route 96B; running thence east along the south line of Route
968 approximately 750 feet to the west line of premises reputedly owned by
Newton (tax parcel 20-1-6); running thence southerly along Newton's west line
approximately 278 feet to a point in the north line of premises reputedly owned
by Tierney; running thence west along Tierney's north line approximately 100
feet to Tierney's northwest corner; running thence south along Tierney's west
line approximately 448 feet to Tierney's southwest corner; running thence east
along Tierney's south line approximately 274 feet to the place of beginning.
Description of Residential Planned Development:
Parcel 1:
Commencing at a point in the centerline of South Danby Road, which point is
located approximately 1010 feet south from its intersection with the centerline
of Route 96B and which point of beginning is at the end of the first course in
the above description of the Mobile Home Park Planned Development; running
thence south along the centerline of South Danby Road approximately 170 feet to
a point which is the northeast corner of premises reputedly owned by Hardesty
(tax parcel 20-1-4.5); thence running southerly along the centerline of South
Danby Road approximately 110 feet to the southeasterly corner of Lot 3 as shown
on the General Plan referred to above; running thence westerly along the south
line of Lot 3 a distance of approximately 695 feet to the southwesterly corner of
Lot 3; running thence northerly a distance of approximately 280 feet to the
northwest corner of Lot 3; running thence easterly a distance of approximately
585 feet to the place of beginning.
Parcel 2:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is located approximately 1730 feet south of the intersection of said
centerline with the centerline of Route 96B, which point of beginning is 80 feet
north along said centerline from the northeast corner of premises reputedly
owned by Dietrich (tax parcel 20-1-4.3); running thence south along said
centerline approximately 80 feet to the northeast corner of Dietrich; running
thence west along Dietrich's north line approximately 455 feet to the northwest
corner of Dietrich; running thence south-southwesterly along Dietrich's west line
approximately 600 feet to a point; running thence westerly along the south line
of Lot 1 as shown on said General Plan a distance of approximately 575 feet to
the west line of the premises owned by Hardesty (tax parcel 20-1-4.2); running
thence northerly along the west line of Lot 2 as shown on said Plan
approximately 550 feet to a point; running thence easterly approximately 50 feet;
running thence northerly approximately 130 feet; running thence easterly in part
along the south line of the Mobile Home Park Planned Area a distance of
approximately 1095 feet to the point or place of beginning.
6
Description of Planned Development Zone 2:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is approximately 790 feet south along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5);
running thence south along the centerline of South Danby Road approximately 220
feet; continuing thence south along the centerline of South Danby Road
approximately 170 feet to the northeast corner of premises reputedly owned by
liardesty (tax parcel 20-1-4,5); thence running southerly along the centerline of
South Danby Road approximately .110 feet to the southeast corner of Lot 3 as
shown on said General Plan; running thence westerly along the south line of Lot
3 approximately 595 feet; thence running southerly 400 feet to the southwest
corner of said Hardesty parcel; running thence south along the west line or
extended west line of said Ilardeaty parcel approximately 40 feet to a point;
running thence east a distance of approximately 625 feet to the centerline of
South Danby Road which point is approximately 80 feet north along said
centerline from the northeast corner of premises reputedly owned by Dietrich
(tax parcel 20-1-4.3); running thence south along said centerline approximately
80 feet to the northeast corner of Dietrich; running thence west along Dietrich's
north line approximately 455 feet to the northwest corner of Dietrich; running
thence south-southwesterly along Dietrich's west line approximately 600 feet to
a point; running thence westerly along the south line of Lot 1 as shown on said
General Plan a distance of approximately 575 feet; running thence northerly along
the west line of Lot 2 as shown on said Plan approximately 550 feet to a point;
continuing thence north, in part along premises reputedly of Van De Bogart (tax
parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately- •
1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1-
4.1); running thence east along Sherwood approximately 200 feet to Sherwood's
southeast corner; running thence north along Sherwood's east line approximately
161 feet to the south line of Route 96B; running thence east along the south line
of Route 96B approximately 750 feet to the west line of premises reputedly owned
by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line
approximately 278 feet to a point in the north line of premises reputedly owned
by Tierney; running thence west along Tierney's north line approximately 100
feet to Tierney's northwest corner; running thence south along Tierney's west
line approximately 448 feet to Tierney's southwest corner; running thence east
along Tierney's south line 274 feet to the place of beginning.
•
7
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter
therein which is not applicable.) .
. 1. (Final adoption by local legislative body only.) • ' . • •
I hereby certify that the local law annexed hereto,designated as local law No; 1 of 19 94
MX
of the • of , , ,bANBY, , , , , , was duly passed by the TOWN BOARD •
Town
V(tst�8 (Name of Legislative Body) .
Y�(
on ...JUNE., - 1 19 .fig... in accordance with the applicable provisions of law. • •
•
2: (Passage by local legislative y with approval or no disappr by Elective Chief Executive Ricer,*
or repassage after disappr .) ... -
I hereby c y that the local law annexed her ,designated as local law No. . .. . . . . of 19
Count •
Cit
of the w n of was du assed by the
Village (Name egislative Body) .•
of disapproved . . .
on , ,,,...,,, ,. 19 ,,,, and was approved . by t
repassed after disapproval Elective Chief E.rec veofficer•
and was deemed duly opted on • 19 , in accordance'.w• the applicable .
• provisions of law, .
- •
J. (Final adoption by referendum. . -. .
I hereby certify th he local law annexed hereto,desig - ed as local law No. ...of 19
County •
City • •
of •the of . , . . , „ • was duly passed by e •
Town •
Village (Name of I illative Body)
' not disappr. d ' • • • .
on • ,,,,,,,,,,,,, 19 and was • • .roved • by the •
repasse. :leer disapproval Elective Chief Etecutive Of(ice'''.
on - •,.,,, ,,,, 19 i..... .• Such local law was submits d to the people by reason of a
mand ory referendum, and receiv a the affirmative vote of a majo ty of the qualified electors voting
per ssive
general
t reon at the special electio eld on • • 19 , in accordance with the applicable
annual
rocisions of law,
4. (Subject to permisslre referendum, final adoption because no valid petition filed requesting referendum.)
I hereby certify that th cal law annexed hereto, designated as 1• .1 law No. • of 19.. ....
County
• of the Town of , , , . , . . . . , . t , , , was duly passed by the ,
Village • (Name of Legislative Bod))
not disapproved
on 19 and was approve. by the
• . repassed ar • pproval Elective Chi xecutive Officer'
on . , , , . , . , , , , . • - 19 . „Such local law was subject to a per lssive referendum and
no valid tition requesting such referendu . as filed as of • 19 '
in acc dance with the applicable provisio• of law,
•
4Electhe Chief Executhe Officer means or includes the chief executhe officer of a county elected on a count}-wide basis or.if
there be hone,the chairman of the counts legislative body,the mayor of a city or siliage or the supersisor of a town where such
officer Is tested with poet to approt•e or Seto local laps or ordinances.
t2)
5. tClty local lass concerning Charter recision proposed b) petition.)
( hereby reify that the local law a eked hereto,designated as to I law No. of 19
of the City o , , having been s milted to referendum pur ant to the
provision of/36 7 3 of the Municip nome Rule Law•, and ha • g received the affirmat' a vote of a
majori of the qualified elect° of such city seeing thereon a he gespecial neral election het n
19 becam perative.
6. (Count) local lass conc. rning adoption of Charter.)
ti
hereby cer y that the local law Ann d hereto, designated as al law No . of 19... ....
of the County of . . . . , , . . . tate of New York, havi been submitted to a Elector t the
General Electio f Nosember . . , , 19 • , pursuant subdivisions 3 and of section of the
Municipal Ho a Rule Law, And has' received the affirmativ ore of a majority the qualifi electors
of the cities o said county As a uni nd of a majority of the ualified elector o e towns of aid county
Considered a unit voting at sal eneral election, became erative.
(If any oth authorized form final adoption has been ollowed, please provide an appropriate certifica-
tion.)
1 rther certify that I have compared the preceding local law with the original on file in this office
And Ih the same is A correct transcript therefrom and f the whole of such original local law, and was
finally claimed in the manner indicated in paragraph .,...f above.
Clerk of iht C. ...ts Ierusl.tite b ', its. 7o+nor \ill.re Ott or
°)Mete designated to .I ltlisl.me beds
•
bate: JUNE 3, 1994
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OP NEW YORK
COUNTY OF -0)1100/P/S
•
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of he cal law annexed hereto.
•
• •
Siemer,/
n
Title
-Ceuta) �}
bate:T re 9` ) ?' I o f anly
'town
Vitt>igf
•
•
(3,
NYS DEPARTMENT OF STATE •
BUREAU OF STATE RECORDS MUNICIPALITY
162 Washington Avenue ,,,QC.\\`"..':1.` �,i Town of Danby
Albany, NY 12231-0001
DATE: 6/15/94 ?\,••;',.•°' O�Il .\ �, LOCAL LAWS) N0. YEAR FILING DAJE•
�1� , 1 1994 6/13/94
'�. .
\ . . -t-
V.
Local Law Acknowledgment'
The above-referenced material was received
_ __ and filed by this office as indicated.
CAROL W. SCZEPANSKI I •
TOWN OF DANBY
1830 DANBY ROAD
ITHACA NY 14850 Additional local law filing forms will be
I_ _I forwarded upon request.',
DOS-236 (Rev. 6/90)
•
•
(Please Use this Form for Filing your Local Law with the Secretary of State) • •
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
•
eky; of DANB.Y
Town
Local Law No. 1 of the year 19�4
A local law . . . . .TQ .AM.N.J . THE .Z NIN.G. ORDINAN.CE. TO. .ES.T.ABLIS.H.A .MOBJLE
HOME PARK PLANNED DEVELsOPMENT AND A RESIDENTIAL
PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2
AND TO MODIFY THE BOUNDARIES OF SUCH ZONE .
Be it enacted by the . . . . . . . TQWN. OF', DANRY. TQW(v, ROMP of the
(Name of Legislate a Body)
County
C Tltlt itx of Tf7MP.K I N.S as follows:
lt
Valiapex
Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re-
adopted by the Town Board on December 11, 1991, and subsequently amended, is
further amended as follows: •
1. The area described on Schedule A attached is hereby rezoned from Low
Density Residential to Town of Danby Planned Development Zone 2.
2. The area described on Schedule B attached is hereby rezoned from Town
of Danby Planned Development Zone 2 to Low Density Residential.
3. Henceforth, Town of Danby Planned Development Zone 2 shall be comprised
of a Mobile Home Park . Planned Development and a Residential Planned
Development, as shown on a map approved by the Town Board on March 30, 1994
entitled "General Site Plan: Planned Development Zone 2, Hillview Terrace
Subdivision and Mobile Home Park Expansion, Owners: Paul and Mary Lou
Hardesty" dated August, 1993, revised through February 7, 1994. The boundaries
of the Mobile Home Park Planned Development and the Residential Planned
Development, and the overall boundaries of the entire Planned Development Zone
2 are set forth on Schedule C attached.
4. The Zoning Map of the Town of Danby, including the Supplement to the
Zoning Map, Page 17, is hereby amended to show the boundaries of Planned
Development Zone 2 as set forth in this local law, which boundaries shall
supersede any previous boundaries for such Zone.
5. The Residential Planned Development shall be subject to the following
provisions, notwithstanding any . other pertinent zoning or subdivision
requirements:
(a) LIMITATION ON NUMBER OF LOTS. There shall be no more than
three residential lots in the Residential Planned Development and the
only uses on such lots shall be as set forth below.
(b) PERMITTED PRINCIPAL' USES. Permitted principal uses shall be
limited to the following: .
(i) one single-family dwelling unit per lot to be occupied by no
more than one family. -
(ii) a two-family 'dwelling provided that
(A)_ each dwelling unit is occupied by no more than one
family; and .
(If additional space is needed, please attach sheets of the same size as this and number each)
. • (�� •
•
•
(B) one of the two units in the building are occupied by the
owner of the building. For purpose of this ordinance the
"owner" is one or more natural persons at least 18 years of
age who is or are the record owner of at least a 50% interest
in the property. Title held in tenants by the entirety or joint
tenants shall be deemed (unless otherwise specifically
designated in the deed or other record) for this purpose to
be held in proportion to the number of joint tenants on the
deed (e.g., if there are three persons on the deed as joint
tenants, each is deemed to hold a one-third interest. In that
circumstance at least two of the deed record owners would
have to occupy the premises to qualify the building as being
occupied by the owner of the building.)
(c) PERMITTED ACCESSORY USES. Accessory uses shall be limited to
those accessory uses permitted in a Low Density Residential Zone
without a special permit by other terms of this ordinance.
(d) USES PERMITTED BY SPECIAL PERMIT ONLY. The only other
permitted uses shall be by special permit and shall be limited to
(i) Nursery Schools, group family day care homes, and day care
centers.
(ii) Customary home occupations and professional residential
offices where no external visible evidence of same exists on
the site.
(iii) Doublewide mobile homes if the same are permanently mounted
on foundations.
(e) BUFFER YARD REQUIREMENTS. A buffer yard 75 feet deep shall be
established and maintained between the proposed Residential Planned
Development and adjacent properties outside of Planned Development
Zone 2.
(f) LOT AREA. The lot area required for the residential lots shall be as
shown on the final site plan which shall substantially conform to the
general site plan referred to above.
(g) OTHER REQUIREMENTS. Yards, signs, height and building area shall
be in conformity with the requirements for same in a Low Density
Residential Zone, except that frontage requirements for each lot shall
be as shown on the above-referenced site plan.
6. The Mobile Home Park Planned Development shall be subject to the
provisions of "Section 605 - Mobile Home Park Zone, Town of Danby Zoning
Ordinance", as if it were a mobile home park governed by said section. In
addition to the provisions set forth in Section 605, the Mobile Home Park Planned
Development shall be subject to the supplemental provisions set forth below.
Where there is a conflict on a specific matter between the provisions of Section
605 and the provisions of this local law, the provisions of this local law shall
govern. The supplemental provisions are as follows:
(a) MAXIMUM NUMBER OF MOBILE HOMES.
(i) There shall be no more than 26 mobile homes located within
the presently-existing Hillview Terrace Mobile Home Park.
(ii) There shall be no more than 31 additional mobile homes located
elsewhere in the Mobile Home Park Planned Development, such
additional homes to be located substantially as shown on the
above-referenced site plan.
(b) ACCESSORY USES. In addition to the accessory uses permitted by
Section 605, the following accessory uses are permitted:
2
(i) Structures and facilities for water supply, sewage disposal,
and other utilities as may be necessary for operation of the
Mobile Home Park Planned Development.
(ii) Customary home occupations.
(c) SITE LAYOUT. The construction and location of the mobile homes
and all other structures and facilities shall be as shown on the final
site plan approved by the Planning Board, which final site plan shall
be substantially in accord with the above referenced site general
site plan. There will be no change in location of mobile homes,
stands, structures, or other facilities, anywhere in the Mobile Home
Park Planned Development, without approval of a modified final site
plan by the Planning Board. When the Planning Board is of the
reasonable opinion that the modified site plan is a significant
deviation from the general site plan referenced above, no modified
site plan shall be approved by the Planning Board until the site
plan has been submitted to, and approved by, the Town Board after
public hearing.
(d) INSTALLATION AND STANDS. Mobile homes and their installations
shall comply with pertinent requirements of the New York State
Uniform Fire Prevention and Building Code and its generally
accepted standards for mobile homes. Any mobile homes installed in
the Planned Development Zone 2 after the effective date of this local
law shall, in addition, comply with any other requirements contained
in this zoning ordinance or other Town legislation related to
installation and stands, except that no anchoring shall be required
of mobile homes installed on the stands in the existing Hillview
Mobile Home Park located along Tammy Drive.
(e) BUFFER YARDS. The normally required 30 foot buffer strip
contained in subdivision 10 of Section 605 shall be increased to a
required buffer strip at least 75 feet wide between the Mobile Home
Park Planned Development and adjacent properties outside of
Planned Development Zone 2. No structures and no parking spaces
are permitted in the buffer yards, except for utility structures
which are customary to mobile home park operation. Landscaping as
shown on the General Site Plan shall be installed within one year of
the date of final site plan approval. If not so installed, no further
building permits shall be issued for any construction anywhere in
Planned Development Zone 2, or for the siting of any mobile homes
in Planned Development Zone 2 until the required landscaping is
installed.
(f) ACCESS DRIVES AND WALKWAYS. Access drives in the proposed area
for expansion in the Mobile Home Park Planned Development shall be
paved with blacktop, concrete, or other solid material, as shown on
the approved final site plan. The drives and walkways in the already
existing mobile home park area of the Mobile Home Park Planned
Development may be constructed of a different surface material, such
as crusher run stone, provided that the surface provides adequate
support and access for emergency vehicles such as ambulances and
fire trucks.
(g) STORAGE. No outside storage of equipment or other household
materials is permitted, nor is any such storage underneath the
mobile homes permitted. The mobile home owner may erect a secure
storage structure on a lot subject to the minimum setback
requirements shown on the "Typical Lot Layout" provided with the
above-referenced general site plan, subject to any pertinent building
code requirements.
(h) SCREENING OF WASTE AND REFUSE. If collection areas for waste and
refuse are provided for the convenience of several home owners,
such areas shall be secure from animals and the elements and of
suitable size, and shall be screened from public view by landscaping
or fencing in accordance with Section 605 of this zoning ordinance.
3
•
(1) SIGNS. A sign identifying the mobile home park area is permitted
at each park entrance. No such sign shall exceed 50 square feet in
size.
(j) BUILDING PERMITS. A building permit shall be required for each
mobile home and, except as exempted by Section 1101 of the Zoning
Ordinance, for all accessory buildings and other structures.
(k) SITE PLAN APPROVALS. No building permit shall be issued for a
structure within the Mobile Home Park Planned Development unless
the proposed structure is in accordance with a site plan approved
pursuant to the provisions of this Ordinance and approved by the
Tompkins County Health Department. No subdivision of the Mobile
Home Park Planned Development is permitted without approval of the
Town Board, following Planning Board review. No alteration,
amendment, or change in the Final Site Plan as approved by the
Planning Board is permitted without further approval by the
Planning Board (except as provided in the Zoning Ordinance relative
to modifications to site plans).
(1) PROHIBITION OF CONSTRUCTION. Notwithstanding the foregoing,
there shall be no new construction in the proposed Mobile Home Park
Planned Development except for the construction of park access
drives and utilities until the applicant has complied with all
applicable requirements of the Tompkins County Health Department
and demonstrated to the satisfaction of the Planning Board that the
water supply and sewage disposal systems needed for the existing .
and the expanded mobile home park have no adverse impact on the
quantity or quality of water supplies of existing residences adjoining
the site, and until the applicant has been granted Final Site Plan
Approval by the Planning Board.
Section 2. I.n the event that any portion of this law is declared invalid by a
court of competent jurisdiction, the validity of the remaining portions shall not
be affected by such declaration of invalidity.
Section 3. This law shall take effect 20 days after its adoption or the date it is
filed in the Office of the Secretary of State of the State of New York, whichever
is later.
4
SCHEDULE A • •
Description_of lands being rezoned from Low Density Residential to Planned
Development Zone 2:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is approximately 1180 feet south along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1-
4.5) and formerly owned by Floyd and Marian Hoover and known generally as 50
South Danby Road; running thence south along the centerline of South Danby
Road approximately 110 feet to the southeast corner of Lot 3 as shown on the
General Site Plan referred to in this local law; running thence west along the
south line of said Lot 3 a distance of approximately 215 feet to the intersection
of said Lot line with the centerline of a drainage stream; running then
northeasterly along said drainage stream and along a culvert to the point or
place of beginning.
SCHEDULE B
•
Description of lands being rezoned from Planned Development Zone 2 to Low
Density Residential:
Parcel 1:
Commencing at a point in the southwest corner of premises reputedly owned by
Hardesty (tax parcel 20-1-4.5) and formerly owned by Floyd and Marian Hoover
and known generally as 50 South Danby Road, which point of beginning is
approximately 625 feet west of a point in the centerline of South Danby Road
which point is located approximately 1690 feet south along the centerline of South
Danby Road from its intersection with the centerline of Route 96B; running thence
from said point of beginning north 30 degrees 25' east along a westerly line of
said Hardesty premises 135.5 feet; running thence north 64 degrees 57' east
approximately 430 feet to the south line of Lot 3 as shown on the General Site
Plan referred to in this local law; running thence westerly along the south line
of Lot 3 approximately 380 feet to the southwest corner of Lot 3; running thence
southerly along the extended west line of Lot 3 approximately 400 feet to the
point or place of beginning.
Parcel 2:
Commencing at the same point of beginning as Parcel 1 above, running thence
easterly along the south line of said Hardesty property 625 feet to centerline
South Danby Road; running thence south along said centerline 40 feet; running
thence westerly parallel to the first course above approximately 625 feet; running
thence northerly 40 feet to the point of beginning.
The above descriptions are based, in part, upon a survey map entitled "Survey
Map of a Dwelling at 50 South Danby Rd." prepared by Howard R. Schlieder dated
October 17, 1986.
5
SCHEDULE C
Description of Mobile Home Park Planned Development:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is approximately 790 feet south along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5);
running thence south along the centerline of South Danby Road approximately 220
feet; running thence westerly, and substantially parallel to Tammy Drive a
distance of approximately 585 feet to a point; running thence south along the
west line of Lot 3 and premises of Hardesty as shown on the General Plan
referred to above approximately 720 feet; running thence west along the north
line of Lot 2 approximately 470 feet to a point; running thence south along a
west line of Lot 2 approximately 130 feet to a point; running thence west along
a line of Lot 2 a distance of approximately 50 feet to a point; running thence
north, in part along premises reputedly of Van De Bogart (tax parcel 20-1-1.2)
and Wright (tax parcel 20-1-3) a total distance of approximately 1874 feet to the
south line of premises reputedly of Sherwood (tax parcel 20-1-4.1); running
thence east along Sherwood approximately 200 feet to Sherwood's southeast
corner; running thence north along Sherwood's east line approximately 161 feet
to the south line of Route 96B; running thence east along the south line of Route
96B approximately 750 feet to the west line of premises reputedly owned by
Newton (tax parcel 20-1-6); running thence southerly along Newton's west line
approximately 278 feet to a point in the north line of premises reputedly owned •
by Tierney; running thence west along Tierney's north line approximately 100
feet to Tierney's northwest corner; running thence south along Tierney's west
line approximately 448 feet to Tierney's southwest corner; running thence east
along Tierney's south line approximately 274 feet to the place of beginning.
Description of Residential Planned Development:
Parcel 1:
Commencing at a point in the centerline of South Danby Road, which point is
located approximately 1010 feet south from its intersection with the centerline
of Route 96B and which point of beginning is at the end of the first course in
the above description of the Mobile Home Park Planned Development; running
thence south along the centerline of South Danby Road approximately 170 feet to
a point which is the northeast corner of premises reputedly owned by Hardesty
(tax parcel 20-1-4.5); thence running southerly along the centerline of South
Danby Road approximately 110 feet to the southeasterly corner of Lot 3 as shown
on the General Plan referred to above; running thence westerly along the south
line of Lot 3 a distance of approximately 595 feet to the southwesterly corner of
Lot 3; running thence northerly a distance of approximately 280 feet to the
northwest corner of Lot 3; running thence easterly a distance of approximately
585 feet to the place of beginning.
Parcel 2:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is located approximately 1730 feet south of the intersection of said
centerline with the centerline of Route 96B, which point of beginning is 80 feet
north along said centerline from the northeast corner of premises reputedly
owned by Dietrich (tax parcel 20-1-4.3); running thence south along said
centerline approximately 80 feet to the northeast corner of Dietrich; running
thence west along Dietrich's north line approximately 455 feet to the northwest
corner of Dietrich; running thence south-southwesterly along Dietrich's west line
approximately 600 feet to a point; running thence westerly along the south line
of Lot 1 as shown on said General Plan a distance of approximately 575 feet to
the west line of the premises owned by Hardesty (tax parcel 20-1-4.2); running
thence northerly along the west line of Lot 2 as shown on said Plan
approximately 550 feet to a point; running thence easterly approximately 50 feet;
running thence northerly approximately 130 feet; running thence easterly in part
along the south line of the Mobile Home Park Planned Area a distance of
approximately 1095 feet to the point or place of beginning.
6
Description of Planned Development Zone 2:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is approximately 790 feet south along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5);
running thence south along the centerline of South Danby Road approximately 220
feet; continuing thence south along the centerline of South Danby Road
approximately 170 feet to the northeast corner of premises reputedly owned by
Hardesty (tax parcel 20-1-4.5); thence running southerly along the centerline of
South Danby Road approximately 110 feet to the southeast corner of Lot 3 as
shown on said General Plan; running thence westerly along the south line of Lot
3 approximately 595 feet; thence running southerly 400 feet to the southwest
corner of said Hardesty parcel; running thence south along the west line or
extended west line of said Hardesty parcel approximately 40 feet to a point;
running thence east a distance of approximately 625 feet to the centerline of
South Danby Road which point is approximately 80 feet north along said
centerline from the northeast corner of premises reputedly owned by Dietrich
(tax parcel 20-1-4.3); running thence south along said centerline approximately
80 feet to the northeast corner of Dietrich; running thence west along Dietrich's
north line approximately 455 feet to the northwest corner of Dietrich; running
thence south-southwesterly along Dietrich's west line approximately 600 feet to
a point; running thence westerly along the south line of Lot 1 as shown on said
General Plan a distance of approximately 575 feet; running thence northerly along
the west line of Lot 2 as shown on said Plan approximately 550 feet to a point;
continuing thence north, in part along premises reputedly of Van De Bogart (tax
parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately
1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1-
4.1.); running thence east along Sherwood approximately 200 feet to Sherwood's
southeast corner; running thence north along Sherwood's east line approximately
161 feet to the south line of Route 96B; running thence east along the south line
of Route 96B approximately 750 feet to the west line of premises reputedly owned
by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line
approximately 278 feet to a point in the north line of premises reputedly owned
by Tierney; running thence west along Tierney's north line approximately 100
feet to Tierney's northwest corner; running thence south along Tierney's west
line approximately 448 feet to Tierney's southwest corner; running thence east
along Tierney's south line 274 feet to the place of beginning.
7
BARNEY, GROSSMAN, ROTH & DUBOW
ATTORNEYS AT LAW
315 NORTH TIOGA STREET
P.O. BOX 6556
ITHACA, NEW YORK 14851-6556
JOHN C. BARNEY
PETER G.GROSSMAN FACSIMILE
NELSON E. ROTH (607) 273-6841 (607) 272-8806
DAVID A. DUBOW (NOT FOR SERVICE OF PAPERS)
RANDALL B. MARCUS
HUGH C. KENT
MARY K. FLECK
June 10, 1994
Ms. Carol Sczepanski
Town Clerk, Town of Danby
1830 Danby Road
Ithaca, New York 14850
Dear Carol:
Per your note of June 4, 1994, returned to you with this letter are four copies of the
Hardesty local law. We have retained one copy for our files.
We have executed all five copies certifying to the completeness of the proceedings.
With best regards.
Very truly yours,
JCB:bc it
Encs.
TOMPKINS
COUNTY
To N OF DANBY - TOMPKINS COUNTY
1830 DANBY ROAD DANBY TOWN HALL
ITHACA, NEW YORK 14850 PHONE: 277-4788
TO: State Records and Law Bureau
Department of State
FROM : Carol W. Sczepanski, Town Clerk
DATE: June 10, 1994
RE: Local Law No. 1 of 1994
Enclosed are three (3) copies of Local Law #1 of 1994 to be filed for the
Town of Danby.
The Local Law is entitled : A local law TO AMEND THE ZONING ORDINANCE
TO ESTABLISH A MOBILE HOME PARK PLANNED DEVELOPMENT AND A
RESIDENTIAL PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT
ZONE 2 AND TO MODIFY THE BOUNDARIES OF SUCH ZONE.
• •
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter
therein which is not applicable.)
. 1. (Final adoption by local legislative body only.) .
I hereby certify that the local law annexed hereto, designated as local law No. 1 of 19 94
COG Kt*
of the Town of DANBY was duly passed by the TOWN BOARD
Vi W Yg (Name of Legislative Body)
on ...JUNE 1 19 .94 in accordance with the applicable provisions of law.
2. (Passage by local legislative y with approval or no disappr by Elective Chief Executive fficer,*
or repassage after disappr .)
I hereby c y that the local law annexed her ; designated as local law No. . . . . . . . of 19
Count
of the Cit wn of was du assed by the
Village (Name egislative Bode)
of disapproved .
on 19 .... and was approved by t
repassed after disapproval Electiv e Chief Exec veOfficer•
and was deemed duly opted on 19 , in accordance"w' the applicable
provisions of la ■•.
3. (Final adoption by referendum.
I hereby certify th he local law annexed hereto, desig ed as local law No. . . . . . of 19
County
City
of the of • was duly passed by e •
Town (Name of L islative Body)
Village .
not disappr• •d
on • , . 19 • and was . • .roved by the •
repasse• .f ter disapproval Elective Chief Executive Officer'
on 19 ..• Such local law was submitt d to the people by reason of a
mand ory
referendum, and receiv-• the affirmative vote of a majo ty of the qualified electors voting
per ssive
general
• t reon at the special electio eld on - 19 , in accordance with the applicable
annual
rovisions of law.
4. (Subject to permissive referendum, final adoption because no valid petition filed requesting referendum.)
I hereby certify that th cal law annexed hereto, designated as 1. .1 law No. of 19 .. ....
County
of the City of was duly passed by the
Town (Name of Legislative Body)
Village
not disapproved
on • 19 and was approve, by the
• repassed after • pproval Elective Chi xecutive Officer•
on 19 .Such local law was subject to a per issive referendum and
no valid tition requesting such referendu 1 as filed as of 19 ,
in ace dance with the applicable provisio' of law.
•
•
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or.if
there be none.the chairman of the county legislatile body,the mayor of a cif or village or the supervisor of a toi n %here such •
officer is vested with pother to approve or veto local laNs or ordinances.
(2)
5. (Cite local law concerning Charter relision proposed b) petition.)
I hereby rtify that the local law a exed hereto, designated as to I law No. of 19
of the City o ha%ing been s mitred to referendum pur ant to the
provision of/37 36 of the h1unicip Home Rule Law, and ha • g received the affirmat' a vote of a
majori of the qualified electo of such city %oting thereon a he special election hel n
general
19 becam perative.
•
6. (Count local la% cone ruing adoption of Charter.)
hereby cer y that the local law ann d hereto, designated as al law No. . . . . . of 19...
of the County of tate of New York, ha%i been submitted to a Elector t the
General Electio f November . . . . . . . , 19 , pursuant subdivisions S and of section of the
Municipal Ho a Rule Law, and ha% g received the affirmativ ore of a majority the qualifi electors
of the cities o said county as a uni and of a majority of the ualified elector o e towns of aid county
considered a unit voting at sai eneral election, became erative.
(If any oth authorized form final adoption has been ollowed, please provide an appropriate certifica-
tion.)
I rther certify that I have compared the preceding local law with the original on file in this office
and th the same is a correct transcript therefrom and f the whole of such original local law, and was
finally dopted in the manner indicated in paragraph ....1 above.
Clerk of the C. .rrts Ieprslarise b s, ,1). To nor Village Clerk or
ollrcer designated Io al Iepistame both
•
Date: JUNE 3, 1994
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OFOmPttrvS
•
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of he cal law annexed hereto.
Signature
Title
'CUUtil)
Date:` a„ /' ) q q9 of alAy
Town
Wtagr<
(3)
•
•
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.•
404 ant
tzsk of DANt3.Y
Town
Local Law No. 1 of the year 19 94
A local law . . . . .1 .AMEN.R. THE .ZO.NING. QROINAN.CE. .TO .ESTABLIS.H.A MOBJLE
HOME PARK PLANNED DEVELOPMENT AND A RESIDENTIAL •
PLANNED DEVELOPMENT WITHIN PLANNED DEVELOPMENT ZONE 2
AND TO MODIFY THE BOUNDARIES OF SUCH ZONE .
Be it enacted by the . . . TQWN, O., DAN f3Y, TQwN, ,I3OARQ of the
(Name of Legislati%e Body)
County
CiNitx of TQMP..K I N.S as follows:
TRIG •
�aila$ex
Section 1. The Zoning Ordinance of the Town of Danby as re-enacted, and re-
adopted by the Town Board on December 11, 1991, and subsequently amended, is
further amended as follows: •
•
1. The area described on Schedule A attached is hereby rezoned from Low
Density Residential to Town of Danby Planned Development Zone 2.
2. The area described on Schedule B attached is hereby rezoned from Town
of Danby Planned Development Zone 2 to Low Density Residential.
3. Henceforth, Town of Danby Planned Development Zone 2 shall be comprised
of a Mobile Home Park . Planned Development and a Residential Planned
Development, as shown on a map approved by the Town Board on March 30, 1994
entitled "General Site Plan: Planned Development Zone 2, Hillview Terrace
Subdivision and Mobile Home Park Expansion, Owners: :;Paul . and Mary Lou
Hardesty" dated August, 1993, revised through February 7, 1994. The boundaries
of the Mobile Home Park Planned Development and the Residential Planned
Development, and the overall boundaries of the entire Planned Development Zone
2 are set forth on Schedule C attached.
4. The Zoning Map of the Town of Danby, including the Supplement to the
Zoning Map, Page 17, is hereby amended to show the boundaries of Planned
Development Zone 2 as set forth in this local law, which boundaries shall
supersede any previous boundaries for such Zone.
5. The Residential Planned Development shall be subject to the following
provisions, notwithstanding any other pertinent zoning or subdivision
requirements: '
(a) LIMITATION ON NUMBER OF LOTS. There shall be no more than
three residential lots in the Residential Planned Development and the
only uses on such lots shall be as set forth below.
(b) PERMITTED PRINCIPAL USES. Permitted principal uses shall be
limited to the following:
(i) one single-family dwelling unit per lot to be occupied by no
more than one family.
(ii) a two-family dwelling provided that
(A)_ each dwelling unit is occupied by no more than one
family; and ' .
(ll additional space is needed, please attach sheets of the same size as this and number each)
(I)
(B) one of the two units in the building are occupied by the
owner of the building. For purpose of this ordinance the
"owner" is one or more natural persons at least 18 years of
age who is or are the record owner of at least a 50% interest
in the property. Title held in tenants by the entirety or joint
tenants shall be deemed (unless otherwise specifically
designated in the deed or other record) for this purpose to
be held in proportion to the number of joint tenants on the
deed (e.g., if there are three persons on the deed as joint
tenants, each is deemed to hold a one-third interest. In that
circumstance at least two of the deed record owners would
have to occupy the premises to qualify the building as being
occupied by the owner of the building.)
(c) PERMITTED ACCESSORY USES. Accessory uses shall be limited to
those accessory uses permitted in a Low Density Residential Zone
without a special permit by other terms of this ordinance.
(d) USES PERMITTED BY SPECIAL PERMIT ONLY. The only other
permitted uses shall be by special permit and shall be limited to
(i) Nursery Schools, group family day care homes, and day care
centers.
(ii) Customary home occupations and professional residential
offices where no external visible evidence of same exists on
the site.
(iii) Doublewide mobile homes if the same are permanently mounted
on foundations.
(e) BUFFER YARD REQUIREMENTS. A buffer yard 75 feet deep shall be
established and maintained between the proposed Residential Planned
Development and adjacent properties outside of Planned Development
Zone 2.
(f) LOT AREA. The lot area required for the residential lots shall be as
• shown on the final site plan which shall substantially conform to the
general site plan referred to above.
(g) OTHER REQUIREMENTS. Yards, signs, height and building area shall
be in conformity with the requirements for same in a Low Density
Residential Zone, except that frontage requirements for each lot shall
be as shown on the above-referenced site plan.
6. The Mobile Home Park Planned Development shall be subject to the
provisions of "Section 605 - Mobile Home Park Zone, Town of Danby Zoning
Ordinance", as if it were a mobile home park governed by said section. In
addition to the provisions set forth in Section 605, the Mobile Home Park Planned
Development shall be subject to the supplemental provisions set forth below.
Where there is a conflict on a specific matter between the provisions of Section
605 and the provisions of this local law, the provisions of this local law shall
govern. The supplemental provisions are as follows:
(a) MAXIMUM NUMBER OF MOBILE HOMES.
(i)
There shall be no more than 26 mobile homes located within
the presently-existing Hillview Terrace Mobile Home Park.
(ii) There shall be no more than 31 additional mobile homes located
elsewhere in the Mobile Home Park Planned Development, such
additional homes to be located substantially as shown on the
above-referenced site plan.
(b) ACCESSORY USES. In addition to the accessory uses permitted by
Section 605, the following accessory uses are permitted:
2
(i) Structures and facilities for water supply, sewage disposal,
and other utilities as may be necessary for operation of the
Mobile Home Park Planned Development.
(ii) Customary home occupations.
(c) SITE LAYOUT. The construction and location of the mobile homes
and all other structures and facilities shall be as shown on the final
site plan approved by the Planning Board, which final site plan shall
be substantially in accord with the above referenced site general
site plan. There will be no change in location of mobile homes,
stands, structures, or other facilities, anywhere in the Mobile Home
Park Planned Development, without approval of a modified final site
plan by the Planning Board. When the Planning Board is of the
reasonable opinion that the modified site plan is a significant
deviation from the general site plan referenced above, no modified
site plan shall be approved by the Planning Board until the site
plan has been submitted to, and approved by, the Town Board after
public hearing.
(d) INSTALLATION AND STANDS. Mobile homes and their installations
shall comply with pertinent requirements of the New York State
Uniform Fire Prevention and Building Code and its generally
accepted standards for mobile homes. Any mobile homes installed in
the Planned Development Zone 2 after the effective date of this local
law shall, in addition, comply with any other requirements contained
in this zoning ordinance or other Town legislation related to
installation and stands, except that no anchoring shall be required
of mobile homes installed on the stands in the existing Hillview
Mobile Home Park located along Tammy Drive.
(e) BUFFER YARDS. The normally required 30 foot buffer strip
contained in subdivision 10 of Section 605 shall be increased to a
required buffer strip at least 75 feet wide between the Mobile Home
Park Planned Development and adjacent properties outside of
Planned Development Zone 2. No structures and no parking spaces
are permitted in the buffer yards, except for utility structures
which are customary to mobile home park operation. Landscaping as
shown on the General Site Plan shall be installed within one year of
the date of final site plan approval. If not so installed, no further
building permits shall be issued for any construction anywhere in
Planned Development Zone 2, or for the siting of any mobile homes
in Planned Development Zone 2 until the required landscaping is
installed.
(f) ACCESS DRIVES AND WALKWAYS. Access drives in the proposed area
for expansion in the Mobile Home Park Planned Development shall be
paved with blacktop, concrete, or other solid material, as shown on
the approved final site plan. The drives and walkways in the already
existing mobile home park area of the Mobile Home Park Planned
Development may be constructed of a different surface material, such
as crusher run stone, provided that the surface provides adequate
support and access for emergency vehicles such as ambulances and
fire trucks.
(g) STORAGE. No outside storage of equipment or other household
materials is permitted, nor is any such storage underneath the
mobile homes permitted. The mobile home owner may erect a secure
storage structure on a lot subject to the minimum setback
requirements shown on the "Typical Lot Layout" provided with the
above-referenced general site plan, subject to any pertinent building
code requirements.
(h) SCREENING OF WASTE AND REFUSE. If collection areas for waste and
refuse are provided for the convenience of several home owners,
such areas shall be secure from animals and the elements and of
suitable size, and shall be screened from public view by landscaping
or fencing in accordance with Section 605 of this zoning ordinance.
3
(i) SIGNS. A sign identifying the mobile home park area is permitted
at each park entrance. No such sign shall exceed 50 square feet in
size.
(j) BUILDING PERMITS. A building permit shall be required for each
mobile home and, except as exempted by Section 1101 of the Zoning
Ordinance, for all accessory buildings and other structures.
(k) SITE PLAN APPROVALS. No building permit shall be issued for a
structure within the Mobile Home Park Planned Development unless
the proposed structure is in accordance with a site plan approved
pursuant to the provisions of this Ordinance and approved by the
Tompkins County Health Department. No subdivision of the Mobile
Home Park Planned Development is permitted without approval of the
Town Board, following Planning Board review. No alteration,
amendment, or change in the Final Site Plan as approved by the
Planning Board is permitted without further approval by the
Planning Board (except as provided in the Zoning Ordinance relative
to modifications to site plans).
(1) PROHIBITION OF CONSTRUCTION. Notwithstanding the foregoing,
there shall be no new construction in the proposed Mobile Home Park
Planned Development except for the construction of park access
drives and utilities until the applicant has complied with all
applicable requirements of the Tompkins County Health Department
and demonstrated to the satisfaction of the Planning Board that the
water supply and sewage disposal systems needed for the existing .
and the expanded mobile home park have no adverse impact on the
quantity or quality of water supplies of existing residences adjoining
the site, and until the applicant has been granted Final Site Plan
Approval by the Planning Board.
Section 2. In the event that any portion of this law is declared invalid by a
court of competent jurisdiction, the validity of the remaining portions shall not
be affected by such declaration of invalidity.
Section 3. This law shall take effect 20 days after its adoption or the date it is
filed in the Office of the Secretary of State of the State of New York, whichever
is later.
4
SCHEDULE A
Description of lands being rezoned from Low Density Residential to Planned
Development Zone 2:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is approximately 1180 feet south along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the northeast corner of premises reputedly owned by Hardesty (tax parcel 20-1-
4.5) and formerly owned by Floyd and Marian Hoover and known generally as 50
South Danby Road; running thence south along the centerline of South Danby
Road approximately 110 feet to the southeast corner of Lot 3 as shown on the
General Site Plan referred to in this local law; running thence west along the
south line of said Lot 3 a distance of approximately 215 feet to the intersection
of said Lot line with the centerline of a drainage stream; running then
northeasterly along said drainage stream and along a culvert to the point or
place of beginning.
SCHEDULE B
•
Description of lands being rezoned from Planned Development Zone 2 to Low
Density Residential: •
Parcel 1:
Commencing at a point in the southwest corner of premises reputedly owned by
Hardesty (tax parcel 20-1-4.5) and formerly owned by Floyd and Marian Hoover
and known generally as 50 South Danby Road, which point of beginning is
approximately 625 feet west of a point in the centerline of South Danby Road
which point is located approximately 1690 feet south along the centerline of South
Danby Road from its intersection with the centerline of Route 96B; running thence
from said point of beginning north 30 degrees 25' east along a westerly line of
said Hardesty premises 135.5 feet; running thence north 64 degrees 57' east
approximately 430 feet to the south line of Lot 3 as shown on the General Site
Plan referred to in this local law; running thence westerly along the south line
of Lot 3 approximately 380 feet to the southwest corner of Lot 3; running thence
southerly along the extended west line of Lot 3 approximately 400 feet to the
point or place of beginning.
Parcel 2:
Commencing at the same point of beginning as Parcel 1 above, running thence
easterly along the south line of said Hardesty property 625 feet to centerline
South Danby Road; running thence south along said centerline 40 feet; running
thence westerly parallel to the first course above approximately 625 feet; running
thence northerly 40 feet to the point of beginning.
The above descriptions are based, in part, upon a survey map entitled "Survey
Map of a Dwelling at 50 South Danby Rd." prepared by Howard R. Schlieder dated
October 17, 1986.
5
SCHEDULE C
Description of Mobile Home Park Planned Development:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is approximately 790 feet south along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5);
running thence south along the centerline of South Danby Road approximately 220
feet; running thence westerly, and substantially parallel to Tammy Drive a
distance of approximately 585 feet to a point; running thence south along the
west line of Lot 3 and premises of Hardesty as shown on the General Plan
referred to above approximately 720 feet; running thence west along the north
line of Lot 2 approximately 470 feet to a point; running thence south along a
west line of Lot 2 approximately 130 feet to a point; running thence west along
a line of Lot 2 a distance of approximately 50 feet to a point; running thence
north, in part along premises reputedly of Van De Bogart (tax parcel 20-1-1.2)
and Wright (tax parcel 20-1-3) a total distance of approximately 1874 feet to the
south line of premises reputedly of Sherwood (tax parcel 20-1-4.1); running
thence east along Sherwood approximately 200 feet to Sherwood's southeast
corner; running thence north along Sherwood's east line approximately 161 feet
to the south line of Route 96B; running thence east along the south line of Route
96B approximately 750 feet to the west line of premises reputedly owned by
Newton (tax parcel 20-1-6); running thence southerly along Newton's west line
approximately 278 feet to a point in the north line of premises reputedly owned •
by Tierney; running thence west along Tierney's north line approximately 100
feet to Tierney's northwest corner; running thence south along Tierney's west
line approximately 448 feet to Tierney's southwest corner; running thence east
along Tierney's south line approximately 274 feet to the place of beginning.
Description of Residential Planned Development:
Parcel 1:
Commencing at a point in the centerline of South Danby Road, which point is
located approximately 1010 feet south from its intersection with the centerline
of Route 96B and which point of beginning is at the end of the first course in
the above description of the Mobile Home Park Planned Development; running
thence south along the centerline of South Danby Road approximately 170 feet to
a point which is the northeast corner of premises reputedly owned by Hardesty
(tax parcel 20-1-4.5); thence running southerly along the centerline of South
Danby Road approximately 110 feet to the southeasterly corner of Lot 3 as shown
on the General Plan referred to above; running thence westerly along the south
line of Lot 3 a distance of approximately 595 feet to the southwesterly corner of
Lot 3; running thence northerly a distance of approximately 280 feet to the
northwest corner of Lot 3; running thence easterly a distance of approximately
585 feet to the place of beginning.
Parcel 2:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is located approximately 1730 feet south of the intersection of said
centerline with the centerline of Route 96B, which point of beginning is 80 feet
north along said centerline from the northeast corner of premises reputedly
owned by Dietrich (tax parcel 20-1-4.3); running thence south along said
centerline approximately 80 feet to the northeast corner of Dietrich; running
thence west along Dietrich's north line approximately 455 feet to the northwest
corner of Dietrich; running thence south-southwesterly along Dietrich's west line
approximately 600 feet to a point; running thence westerly along the south line
of Lot 1 as shown on said General Plan a distance of approximately 575 feet to
the west line of the premises owned by Hardesty (tax parcel 20-1-4.2); running
thence northerly along the west line of Lot 2 as shown on said Plan
approximately 550 feet to a point; running thence easterly approximately 50 feet;
running thence northerly approximately 130 feet; running thence easterly in part
along the south line of the Mobile Home Park Planned Area a distance of
approximately 1095 feet to the point or place of beginning.
6
•
Description of Planned Development Zone 2:
Commencing at a point in the centerline of South Danby Road, which point of
beginning is approximately 790 feet south along South Danby Road from its
intersection with the centerline of Route 96B and which point of beginning is in
the southeast corner of premises reputedly owned by Tierney (tax parcel 20-1-5);
running thence south along the centerline of South Danby Road approximately 220
feet; continuing thence south along the centerline of South Danby Road
approximately 170 feet to the northeast corner of premises reputedly owned by
Hardesty (tax parcel 20-1-4.5); thence running southerly along the centerline of
South Danby Road approximately 110 feet to the southeast corner of Lot 3 as
shown on said General Plan; running thence westerly along the south line of Lot
3 approximately 595 feet; thence running southerly 400 feet to the southwest
corner of said Hardesty parcel; running thence south along the west line or
extended west line of said Hardesty parcel approximately 40 feet to a point;
running thence east a distance of approximately 625 feet to the centerline of
South Danby Road which point is approximately 80 feet north along said
centerline from the northeast corner of premises reputedly owned by Dietrich
(tax parcel 20-1-4.3); running thence south along said centerline approximately
80 feet to the northeast corner of Dietrich; running thence west along Dietrich's
north line approximately 455 feet to the northwest corner of Dietrich; running
thence south-southwesterly along Dietrich's west line approximately 600 feet to
a point; running thence westerly along the south line of Lot 1 as shown on said
General Plan a distance of approximately 575 feet; running thence northerly along
the west line of Lot 2 as shown on said Plan approximately 550 feet to a point;
continuing thence north, in part along premises reputedly of Van De Bogart (tax
parcel 20-1-1.2) and Wright (tax parcel 20-1-3) a total distance of approximately
1874 feet to the south line of premises reputedly of Sherwood (tax parcel 20-1-
4.1); running thence east along Sherwood approximately 200 feet to Sherwood's
southeast corner; running thence north along Sherwood's east line approximately
161 feet to the south line of Route 96B; running thence east along the south line
of Route 96B approximately 750 feet to the west line of premises reputedly owned
by Newton (tax parcel 20-1-6); running thence southerly along Newton's west line
approximately 278 feet to a point in the north line of premises reputedly owned
by Tierney; running thence west along Tierney's north line approximately 100
feet to Tierney's northwest corner; running thence south along Tierney's west
line approximately 448 feet to Tierney's southwest corner; running thence east
along Tierney's south line 274 feet to the place of beginning.
7
•
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter
therein Which is not applicable.)
1. (Final adoption by local legislative body only.) •
I hereby certify that the local law annexed hereto, designated as local law No. 1 of 19 94
of the of DAN BY was duly passed by the TOWN BOARD
Town
%Mg (Name of Legislative Body)
on ....1 WyE 1 19 .94 in accordance with the applicable provisions of law.
2. (Passage by local legislative y with approval or no disappr by Elective Chief Executive fficer,*
or repassage after disappr .) • .
I hereby c y that the local law annexed her •, designated as local law No. . . . . . . . of 19
Count
Cit ,
of the µn of was du assed by the
Village (Name egislative Body)
of disapproved
on 19 .... .. and was approved by t
repassed after disapproval Elective Chief Exec veOfficer•
and was deemed duly opted on • 19 , in accordance".w• the applicable
provisions of law.
3. (Final adoption by referendum. -
I hereby certify th he local law annexed hereto, desig • ed as local law No. . . . . . of 19
County
City
- of the Town of • was duly passed by e
(Name of L islative Body)
Village
not disappr. -d •
on 19 and was ..• e roved by the •
repasse' .fter disapproval Elective Chief Executive Officer*
on 19 ..• Such local law was submitt d to the people by reason of a
mand ory
referendum, and receiv-. the affirmative vote of a majo ty of the qualified electors voting
per ssive
general
• t reon at the special electio eld on 19 , in accordance with the applicable
annual -
rovisions of law.
i
4. (Subject to permissive referendum, final adoption because no valid petition filed requesting referendum.)
I hereby certify that th cal law annexed hereto, designated as 1. .1 law No. of 19 .. ....
County
City
of the Town of was duly passed by the
(Name of Legislative Body)
Village
not disapproved
on 19 and was ap rove I by the
repassed after •'.•pproval Elective Chi xecutive Officer•
on 19 .Such local law was subject to a per issive referendum and
no valid tition requesting such referendu i as filed as of 19 ,
in acc dance with the applicable provisio• of law.
•
*Elective Chief Executive Officer means or includes the chief executhe officer of a county elected on a countywide basis or,if
there be none,the chairman of the county legislative both,the mayor of a city or village or the supervisor of a town where such
officer is tested with power to approte or veto local lav►s or ordinances.
(2)
•
S. (City local law conce g Charter revision pro d by petition.)
1 hereby rtify that the local law nexed hereto, designated ocal law No. of 1
of the Cit f having n submitted to referendum p suant to the
provis• ns of§36 of the Mu • ipal Home Rule Law, d having received the affir five vote of a
m only of the qualified a tors of such city voting reon at the gene al election eld on
19 b ame operative.
6. (County local law,co •erning adoption of C ter.)
I hereb ertify that the loca w annexed hereto, desi ted as local law of
of the Cou of • + . . . , State of New rk, having been s fitted to the El ors at the .
General • ection of Novemb , 19.... , pursuant to subdiv' • ns 5 and 7 of s ion 33 of t
Muni 'sal Home Rule La , and having received affirmative vote o majority of the alified ele rs
of t - cities of said co y as a unit and of a jority of the qualif' electors of the t ns of said unty
c• sidered as a unit ting at said general ction, became opera ' e.
f any other aut rized form of final a ption has been folio d, please provide n appropriat ertifica-
tion.)
1 further certify that 1 have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph above.
Clerk of the County legislative b , ity, Town or Village Clerk or
- officer designated by local legislative body .
- Date: JUNE 3, 1994 • •
•
--� 'A -
(SeaI); •
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
•
COUNTY OF
•
•
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature
Title
County
Date: City of
Town
Village
•
•
(3)
•
•
•